Not Guilty Verdict in Battery Case Involving Adult-Entertainment-Club Employee

The Situation

A client was accused of battering his girlfriend, who worked at an adult-entertainment club called The Red Garter in downtown Indianapolis. The case turned substantially on the girlfriend's account of what occurred.

The Legal Challenge and Strategy

Attorney Nicholson conducted a detailed cross-examination that exposed significant weaknesses and credibility problems in the complaining witness's testimony.

The Result

The jury returned a verdict of not guilty.

Why It Matters

When a battery prosecution depends on one witness's version of events, careful cross-examination can reveal whether that account withstands scrutiny. Here, it did not.

Practice area(s): Criminal Defense, Domestic Violence

Court: Marion County

Mark Nicholson

Why is Indiana criminal defense and personal injury attorney Mark Nicholson called the Battery Man? Because his first criminal jury trial was a battery case. The case was called the Big Buford Battery case. They charged his client with throwing a big Buford sandwich at the manager through the drive-thru window. Then, his client went through the drive-thru window and allegedly battered the manager. It was all captured on video. The verdict: Not Guilty! His first personal injury case was a car accident. He views car accidents as a form of battery. One car hitting (battering) another, although generally unintentional.

Case Results