Jury Acquits Man of Alleged Gang Assault
Mr. Provini was hired by a successful Chinese realtor from Cupertino, California to represent her son who had been charged, along with his friends, with several felony assault counts alleging that he personally inflicted great bodily injury on several victims of the assault. All of the client’s friends, who were represented by other counsel, were convicted based on their pleas of no contest. Mr. Provini claimed that his client was not involved and had left the scene of the assaults before they occurred. After a three week jury trial, the client was found not guilty of all but one count. As to that count, the jury hung by a vote of 6-6. The trial judge, Provini claimed, had excluded key defense testimony pertaining to that count. When the jury was debriefed, the jurors who had voted guilty as to that one count indicated that they would have acquitted if they had heard the excluded testimony. That remaining count was eventually dismissed by the District Attorney.