NOT GUILTY - Domestic Battey

People vs. J.B.
NOT GUILTY Domestic Battery
The Defendant was charged with Domestic Battery, a Class A Misdemeanor in the State of Illinois.  It was alleged that the Defendant beat her children with a meat tenderizer.  If found guilty the Defendant was facing up to a year in jail. The Defendant, knowing that she was innocent of these charges, hired the experienced Chicago Criminal Defense Attorneys at Acosta, Batovski & Schmiege.

The Defendant took her case to trial and at trial her two daughters testified against her.  The alleged victim, the Defendant's 11-year-old daughter, testified that the Defendant struck her several times with a meat tenderizer, which caused bruising and bleeding throughout her body.   Another witness, the Defendant's 12-year-old daughter, testified that she was in another room when she heard the Defendant yelling at the alleged victim and, immediately afterwards, observed the victim enter her room with bruising and bleeding.  At trial the State's Attorney also called an emergency room physician, who testified that the injuries were consistent with being hit with a meat tenderizer due to the "blunt force" and bruising.  Chicago Domestic Battery Attorney Ruben Herrera successfully argued that the alleged victim lacked credibility because she was pressured to lie by her father, who separated from the Defendant and has heated child support and custody disputes with the Defendant.  On cross-examination, the alleged victim admitted she previously misled DCFS officials because her father told her to lie. Mr. Herrera also called the father as a witness, and he testified that he had never told his daughter to lie to DCFS.  The Judge found him incredible and belligerent.  Other defense witnesses included the Defendant's mother, who testified that the complaining witness told her she was knocked down in the snow at school and sustained her injuries due to a snow pile on.  After a six-witness bench trial, the Judge found the Defendant NOT GUILTY of Domestic Battery. March 2011 .