During the great platform migration, several older episodes vanished from the record. Unlike the prosecution, we do not hide the evidence. We recovered the master, cleaned the audio, rewrote the description, and put this one back into the feed.

Originally Season 1, Episode 7. Public defender Michael had almost nine years in when he took a vandalism case that only looked simple. His client, a veteran, turned down Veterans Court twice because getting in meant admitting the vandalism. A prior strike turned what Michael says would likely have been a misdemeanor into a felony he estimates at over eight or nine years in prison.

The homeowner's account: a shirtless man at about 5 a.m., broken outdoor piping, garden lights ripped up, a car kicked and hit, trash bins thrown at it, and water in the garage. Michael went to the house himself. The car was a VW Jetta. The body shop estimator, called by the prosecution, said the marks were ordinary wear and tear, not kicking, punching, or thrown trash bins. Ring video, turned over on the day of trial, showed the client waiting at the door and garden lights still in place. One file in the download sequence, IMG 847, never showed up. The jury was out about two or three hours. Not guilty on the counts Michael describes.

The next day, the DA told Michael the homeowner was thinking of a state bar complaint for his visit to the house. Michael says the DA told her he had not done anything wrong. He says he was never on her property.

Dave, Nikhil, and Michael also get into why a prior strike does this to a vandalism case, what malicious means when the defense is accident, and why Michael stopped trusting the version that owned him at the preliminary hearing.

Chapters

(00:00) Cold open: a bad estimate, and lights that are still on
(01:09) Welcome, then Michael, almost nine years in
(06:58) A vandalism with a prior strike
(08:52) Veterans Court, twice, and why an admission was the dealbreaker
(13:10) Her account: 5 a.m., a shirtless man, pipes, lights, and the car
(21:11) The prelim owns him. Then the trash bins show up
(24:18) The investigator gets no pictures. Michael goes to the house
(27:31) Same name, different brother, and the second Veterans Court offer dies
(40:15) The body shop estimator will not back the kicking story
(51:44) Sunday in the hills, before Monday's cross
(1:00:41) Ring video on the day of trial, and the file that is not there
(1:08:19) Malice, accident, and a client who testifies anyway
(1:23:30) Less than three hours. Not guilty. Then the state bar threat

Dive into more stories from the bold and brilliant public defenders wherever you listen to podcasts, and connect with us on social media:

Stay Connected & Support the Show:

· Website: anothernotguiltypod.com

· Apple Podcasts: Another Not Guilty

· Spotify: Another Not Guilty

· Follow us on Instagram: @anothernotguilty

· Find us on Facebook: Another Not Guilty

· Support the show (potential bonus content): Patreon

Before Loren became a co-host, she was defending people in psychiatric crisis and saving dogs. Whether the first job prepared her for working with Dave is still an open question. (Not really)

In this case, her 68-year-old client was living in a locked psychiatric hospital, asking to see a doctor and for basic care. The system’s response? A third-strike felony threat case that could have sent him to prison for life. Loren went to the preliminary hearing ready to fight. The case was dismissed.

Dave, Nikhil, and Loren get into how a mental health crisis became a criminal case, what the evidence actually showed, and why one dismissal doesn’t fix a system that keeps doing this. On the bright side, Dave is still only a possible case for rescue.

Dive into more stories from the bold and brilliant public defenders wherever you listen to podcasts, and connect with us on social media:

Stay Connected & Support the Show:

· Website: anothernotguiltypod.com Another Not Guilty

· Follow us on Instagram: @anothernotguilty

· Find us on Facebook: Another Not Guilty

· Support the show (potential bonus content!): Patreon

Where it all began, the very first ANG episode. As many defenders and their clients know, once something is on the internet, it stays there forever. We are not hiding from the evidence, but we are remastering and cataloging.

Originally Season 1, Episode 1, released June 6, 2018, and edited back when Dave's weapon of choice was GarageBand. Who still uses GarageBand anyway?

Public defender John tells David and Nikhil about a client who called 911 because her partner was abusing her. By the time the officer arrived, the partner was gone and she was sitting in the driver's seat. The state charged her with DUI. The police report somehow forgot to mention her entire account. The prosecutor told the defense he did not need to know what actually happened, because finding the truth was not his job.

The jury needed five to ten minutes to disagree. Not guilty. The court then billed her $1,200 for the privilege of proving it. The very first ANG episode, and the state was already treating the truth like an optional exhibit.

Dive into more stories from the bold and brilliant public defenders wherever you listen to podcasts, and connect with us on social media:

Stay Connected & Support the Show:

· Website: anothernotguiltypod.com Another Not Guilty

· Follow us on Instagram: @anothernotguilty

· Find us on Facebook: Another Not Guilty

· Support the show (potential bonus content!): Patreon