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Death Penalty case Dismissed with Prejudice after Arizona Criminal Attorney gets evidence reviewed

Maricopa County has dropped its pursuit of Death Penalty in Child Abuse case after Arizona Criminal Attorney has forensic evidence reviewed by numerous experts.

Arizona Criminal Attorney David Cantor with client Lisa Randall after Capital Murder Case Dismissal

AZ Criminal Attorney David Cantor with Lisa Randall after case dismissal

Phoenix, AZ 08/09/2010

Arizona Criminal Defense Attorney David Michael Cantor secured a Dismissal With Prejudice regarding Capital Murder Child Abuse charges against former daycare operator Lisa Randall. This dismissal marks the first such dismissal in Maricopa County in over 10 years. In the end the prosecution reviewed the evidence of the case, in particular the review of all forensic evidence per Arizona Criminal Attorney David Cantor’s requests, and found no basis for their Capital Murder Charge.

In April of 2007 while Lisa Randall operated her home daycare business of over 26 years, one of the many children in her care became unresponsive. Lisa immediately called 911 and the child was taken to hospital. He was unplugged from life support the next day and was subsequently pronounced dead. The Maricopa County Medical Examiner’s Office later concluded that the infant died of “blunt-force trauma of head and neck” and determined that the manner of death was a homicide.

Seven months later Lisa Randall was arrested on first degree murder charges and her three year legal battle began. The Maricopa County Prosecutors decided that they would pursue the Death Penalty as part of their Organizational leadership’s stance of looking tough on crime. Over the next three years the County’s case for Child Abuse was based on the medical evidence.

Ms. Randall’s family then hired Arizona Criminal Defense Attorney, David Cantor to handle the case. He subsequently had all of the forensic evidence reviewed by numerous experts, including Dr. Ralph Berberich (a Pediatric Oncologist) of Berkley, California who concluded, “It would appear most likely that this baby, in the recovery phase from a viral illness, had a SIDS-like event leading to apnea and cardiopulmonary arrest from which he was resuscitated. There followed the physical effects, laboratory anomalies, and organ failure associated with profound and prolonged apnea.” In addition, Forensic Anthropologist, Madeline Hinkes (also from California) reviewed three separate CAT scans and all other medical evidence and concluded that there was no skull fracture on this child as the State’s Medical Examiner had maintained. Eventually, the Maricopa County Attorney’s Office hired Dr. Cliff Nelson (a Medical Examiner with the State of Oregon) to review all the Defense reports and the State’s forensic findings. He concluded that he could not disagree with the defense experts’ analysis. He added, “I have had other cases thought [by pediatricians] to be deaths due to inflicted head trauma by which, after a complete death investigation, prove the result of a SIDS-like event.”

The State then moved to dismiss the case without prejudice (meaning the State could re-file the case in the future should any additional evidence be found). Although Judge Kemp originally dismissed the case on July 22, 2010 he took Mr. Cantor’s request to dismiss with prejudice under advisement until he could review the entire case history and recent legal precedent. On Thursday, August 4, 2010 he made the exceptionally rare move of granting the Defense’s Motion to Dismiss with Prejudice. This means the case can no longer be brought up in the future. In making his ruling, the judge stated “Under the unique circumstances of this case, the court has considered all of the competing interests and concludes that the defendant deserves closure.” Mr. Cantor stated “Today’s dismissal with prejudice allows Lisa to begin moving on with her life. That being said, we will be filing a civil lawsuit in the near future.”

About the Law Offices of David Michael Cantor
Arizona Criminal Attorney David Michael Cantor’s practice began in 1989 after receiving his JD from the University of Arizona. As Arizona’s premier defense lawyer, David Michael Cantor defends Arizona DUI/ DWI cases, vehicular crimes, homicide, drug and sex offenses, white collar and property crimes. David Michael Cantor is AV Rated by Martindale Hubbell – the highest rating possible – and was voted a Top 100 trial lawyer by the American Trial Lawyers Association. David Michael Cantor has been interviewed and has appeared on Inside Edition, the CBS Morning Show, Good Morning America, CNN Prime News, Hannity and Colmes, and every local news channel including Univision. In addition, his cases have been covered by CNN, MSNBC, and even Howard Stern.

Links in Release:
David Cantor’s Website and blog:
http://www.dmcantor.com
http://www.dmcantor.com/criminal-defense/assault-violent-crimes-homicides/child-abuse-vulnerable-adult-abuse.html
http://www.dmcantor.com/criminal-defense/assault-violent-crimes-homicides/first-degree-murder.html
http://www.dmcantor.com/blog/2010/08/02/fox-10-ksaz-coverage-of-lisa-randall-case-dismissal.html
http://www.dmcantor.com/blog/2010/07/30/3tv-ktvk-coverage-of-lisa-randall-case-dismissal.html
http://www.dmcantor.com/blog/2010/07/29/12-news-kpnx-coverage-of-lisa-randall-case-dismissal.html
http://www.dmcantor.com/blog/2010/07/28/cbs-5-kpho-coverage-of-lisa-randall-case-dismissal.html
http://www.dmcantor.com/blog/2010/07/27/abc-15-knxv-coverage-of-lisa-randall-case-dismissal.html

Youtube:

Flickr:

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Arizona Criminal Attorney David Cantor 602-307-0808

Contact Info:
David Cantor
602-307-0808
d.cantor@dmcantor.com

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DUI Phoenix Attorney Earns Not Guilty Verdict and Hung Jury in .104 Blood Alcohol Content DUI Case

(Vocus/PRWEB ) June 3, 2010 — DUI Phoenix Attorney from the Law Offices of David Michael Cantor was able to earn his defendant a not guilty verdict and a hung jury in a .104 blood alcohol content Driving Under the Influence case.

According to court documents, in the case of State v. Rockford (Scottsdale City Court Case No. TR2009034700) the defendant was pulled over for a minor traffic violation and accused of driving under the influence of a blood alcohol content of .104, which is above Arizona’s legal limit of .08.

An Associate DUI Phoenix Attorney from the Law Offices of David Michael Cantor was able to demonstrate that the rookie officer had committed the cardinal sin in report writing; he utilized the “cut and paste” technique. Which means that the officer took prior police reports and simply attempted to insert Mr. Rockford’s name in place of a previous defendant.

The problem was the officer referred to Rockford as a female several times throughout the report. In addition, he called him by two different first names that were completely dissimilar. This rookie officer initially denied utilizing the “cut and paste” technique, and then later had to admit that he had done so. In addition, he made numerous mistakes on administering the field sobriety tests, and had large memory gaps regarding whether they actually had taken place on the night of Rockford’s arrest.

“When an officer uses the cut and paste technique, and is not completely honest with juries, this can result in a Not Guilty and Hung verdicts,” said DUI Phoenix Attorney David Michael Cantor.

As a result of the April 23, 2010 Not Guilty verdict on the driving under the influence charge, the City of Scottsdale’s Prosecutor’s office decided not to retry the BAC above .08 charge. Instead, they offered a plea to a minor traffic infraction.

For more information about the DUI Phoenix Attorneys at the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

About the Law Offices of David Michael Cantor
The Law Offices of David Michael Cantor feature criminal defense attorneys in Arizona who are ready to represent you. As Arizona’s premier defense lawyer, David Michael Cantor defends DUI/ DWI cases, vehicular crimes, homicide, drug and sex offenses, white collar and property crimes. David Michael Cantor is AV Rated – the highest rating possible – and was voted a Top 100 trial lawyer. David Michael Cantor has been interviewed and has appeared on Inside Edition, the CBS Morning Show, Good Morning America, CNN Prime News, Hannitty and Combs, and every local news channel including Univision. In addition, his cases have been covered by CNN, MSNBC, and even Howard Stern.

DUI Attorneys Get Individual’s Prior DUI Conviction Thrown Out

(Vocus/PRWEB ) May 27, 2010 — DUI Attorneys from the Law Offices of David Michael Cantor were able to convince a judge to throw out a man’s prior DUI conviction for purpose of sentence enhancement.

According to court documents, in the case of State v. Siepmann (Case No: TR2008147127) the defendant had been convicted for a second off of Extreme DUI involving a .181 breath test. Due to his prior conviction, the defendant was facing 120 days in jail instead of the mandatory minimum 10 days in jail.

DUI attorneys from the Law Offices of David Michael Cantor were able to argue that the prosecutor did not disclose Siepmann’s motor vehicle from the DMV in a timely manner and as a result, evidence of his prior DUI conviction was suppressed.

Although the prior conviction had been suppressed, the judge was still allowed to enhance the mandatory minimum sentence based upon other evidence. Siepmann was sentenced to serve an additional 5 days by the judge.

“The rules regarding the disclosure of evidence is very specific because the State violated these rules they were unable to use that evidence,” said Phoenix DUI attorney David Michael Cantor. “Although we were unable to earn our client the lowest sentence possible. It still beat 120 days in jail.”

The Law Offices of David Michael Cantor enjoy an excellent reputation as DUI Attorneys in Phoenix, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

About the Law Offices of David Michael Cantor
The Law Offices of David Michael Cantor feature criminal defense attorneys in Arizona who are ready to represent you. As Arizona’s premier defense lawyer, David Michael Cantor defends DUI/ DWI cases, vehicular crimes, homicide, drug and sex offenses, white collar and property crimes. David Michael Cantor is AV Rated – the highest rating possible – and was voted a Top 100 trial lawyer. David Michael Cantor has been interviewed and has appeared on Inside Edition, the CBS Morning Show, Good Morning America, CNN Prime News, Hannitty and Combs, and every local news channel including Univision. In addition, his cases have been covered by CNN, MSNBC, and even Howard Stern.

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