Michael Colich successfully defended a comedian visiting Minnesota for a comedy show. See the article here:
http://beverlypress.com/2014/06/comedian-not-guilty-of-sexual-assault/
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Comedian Adam Richmond, of West Hollywood, was found not guilty on June 17 of two felony counts of sexual assault stemming from an incident that occurred last July 29 in Bloomington, Minn., a suburb of Minneapolis.
Judge Daniel Mabley, of Minnesota’s 4th Judicial District Court, found Richmond not guilty of 3rd degree criminal sexual conduct and 4th degree criminal sexual conduct, both felonies, and one count of indecent exposure, a misdemeanor. Richmond had requested a bench trial instead of a jury trial — an option provided to defendants under Minnesota state law. A spokesperson for the judicial court who declined to be identified said the official ruling states that the judge determined the “state has failed to prove beyond a reasonable doubt that the defendant acted without consent.” Media reports stated that there were inconsistencies in the statements provided to police by both the defendant and the victim.
Attempts to reach Richmond were unsuccessful. His attorney, Michael Colich, said the comedian feels vindicated, as the incident has damaged his career and reputation.
“I can tell you Adam Richmond maintained his innocence throughout this case,” Colich said. “It is my impression that after the judge heard all of the evidence, it was clear to him no crime had occurred. It was poor decision making on Adam’s part, it was poor decision making on the female’s part, but there was no crime.”
Chuck Laszewski, a spokesman for the Hennepin County District Attorney’s Office, which prosecuted the case, declined to comment on the outcome.
Richmond had been charged with sexually assaulting a hostess at comedy club in which he was appearing at the Mall of America. According to the criminal complaint, the victim agreed to let Richmond accompany her to her residence after one of the comedy shows, and the victim, her two roommates and Richmond drank an unspecified number of alcoholic beverages. The victim told police that Richmond made inappropriate comments and attempted to grab her, according to the criminal complaint. After her roommates went to bed, Richmond allegedly fondled the victim and followed her into the kitchen, prosecutors alleged. She told the suspect to leave and called him a taxi, but the comedian allegedly pinned her up against a stove. The victim allegedly kicked Richmond in the groin and was able to flee outside. He reportedly attacked her again outside, and the victim was able to kick him again and run back inside and call 911. The criminal complaint states that prior to police arriving, Richmond left in a taxi.
Bloomington Police Department officers later arrested Richmond at a Ramada hotel. During a recorded interview with police, Richmond allegedly stated that he “was maybe a little aggressive. I tried to kiss her, I might have grabbed her.” The complaint also states that the defendant’s blood alcohol level was measured at .17, and that the defendant admitted to exposing himself to the victim and wrestling with the victim in a manner he described as “flirtatious.”
Laszewski added that with the judge’s ruling, the case is now closed.
In one of the first criminal trials in Minnesota on decades-old allegations of sexual abuse by a priest, a Dakota County jury on Tuesday acquitted Francis Hoefgen of criminal sexual conduct.
Hoefgen, 64, is no longer a priest and lives in Columbia Heights. He had been accused of repeatedly abusing a boy who was a student at the parochial school at St. Boniface Church in Hastings between 1989 and 1992.
Jurors deliberated almost four hours before returning the not-guilty verdict on both counts of criminal sexual conduct. Both the accuser and the accused broke down sobbing.
“It’s the verdict we expected based on the evidence in the case,” said Michael Colich, Hoefgen’s attorney.
Throughout the trial, Colich questioned the reliability of the accuser’s memory and the lack of physical evidence presented.
“Simply say to yourself, where’s the evidence?” Colich said in closing arguments Tuesday.
After the verdict, County Attorney James Backstrom released a statement thanking Hoefgen’s accuser for coming forward.
“Proving beyond a reasonable doubt that a crime occurred 24-26 years ago without significant corroborating physical evidence of the crime itself is always a difficult task,” Backstrom said. “Without such corroborating evidence the jury must render its decision based primarily upon one person’s word against that of another.”
Jeff Anderson, an attorney representing Hoefgen’s accuser in a civil case, said he was not surprised by the verdict. The jury was never informed about other accusations of child abuse against Hoefgen, he said, nor of his treatment at St. Luke Institute in Maryland, a facility that often treats clergy sex offenders.
As the criminal trial began, Dakota County Judge Thomas Pugh granted a motion prohibiting testimony of any prior allegations of misconduct.
“There is a mountain of evidence that the jury did not get to hear,” Anderson said. “At least two other victims were prepared to testify, but the court did not permit it. Hoefgen has been accused of abusing others in the past, he had acknowledged that abuse.”
Hoefgen’s accuser, now 36, testified last week that the abuse progressed from fondling to oral and anal penetration when the man was an altar boy in fourth, fifth and sixth grades at St. Boniface’s parochial school. He said “Father Fran,” as Hoefgen was called, usually abused him after the two cleaned up after a funeral or midweek mass.
The Star Tribune has not named the man because he says he was the victim of sexual assault.
“He trusted Father Fran. He came to be able to talk to Father Fran and tell him what was going on. [Hoefgen] took advantage of that,” Assistant Dakota County Attorney G. Paul Beaumaster said in closing arguments.
When the not-guilty verdict was read, Hoefgen sobbed, removed his glasses and hugged supporters who had sat behind him during the trial. Hoefgen’s accuser put his hand to his face and began to cry. He and his family left the courtroom after the jury was dismissed.
Motive questioned
The alleged victim also sued Hoefgen in 2013 under the Minnesota Child Victims Act, which opened a three-year window for filing lawsuits over decades-old child sex abuse claims.
According to the lawsuit filed in Dakota County, Hoefgen told police that he had abused another boy at a parish in Cold Spring, Minn., in 1983. He then spent six months at St. Luke Institute for psychological treatment, but criminal charges were never filed. Hoefgen was assigned to St. Boniface in 1985.
In closing arguments, Colich suggested Hoefgen’s accuser went to police to bolster his civil case.
Beaumaster responded that a deceased priest would have been an easier target for a false claim. Beaumaster reminded jurors that Hoefgen’s accuser testified that he had no expectations of a big payday.
Colich also attacked an investigation that he called “a disgrace” and argued that investigators presumed Hoefgen’s guilt because of past stories of abuse within the Catholic Church. Hoefgen testified that he does not remember the accuser or the room where the man said the abuse occurred.
“They jumped to conclusions. Why? Because he was a former Catholic priest and we have an allegation. That’s the narrative,” Colich said.
I used Mike for a very important criminal case. He handled my case with poise and dignity. He stayed in contact with me and always answered my phone calls, or promptly returned them. I am thankful to Mike for the incredible result he obtained for me and the empathy he showed.
His office staff should also be commended for the professional way in which they handle my case.
Thank you Thank You Thank you!