Kirk's Kiosk
McAllister Gets Bail Reduced from $266,000 to Zero.
Charged with fifteen felonies, Rudy Buendia was held in custody in lieu of $266,000 bail. As a result of a motion brought by his attorney, Kirk W. McAllister, Mr. Buendia was released on September 17, 2008 on his promise to appear without the necessity of posting bail.
"Mr. McAllister said his first priority was getting Buendia out of jail, now he’ll turn his attention to the reams of reports to read. ‘It’s our job to fight these charges,’ Mr. McAllister said, ‘and vindicate him in court.’"
Defense Toxicology Investigation Results in Dismissal of All Felony Charges
A worker claimed that his employer, an international nut grower and distributor, had caused him neurological damage by exposing him to methyl bromide. McAllister conducted his own toxicological investigation which proved that the man had not been injured by the chemical. The prosecutors were thus forced to dismiss the felony charges before trial. (See Los Angeles Times, January 20, 2007, Rancher Cleared of Poisoning)
Business Owner Acquitted of Murder
A business owner interrupted a theft at his store by two men. When the owner, a retired deputy sheriff, tried to subdue one man his gun discharged, killing the thief. The District Attorney charged the businessman with murder. The prosecutor's case began crumbling in the jury trial when McAllister's cross-examination of the state's firearms expert forced her to admit she had not done an adequate examination of the firearm, which was of a type that had a history of malfunctioning. The jury acquitted the owner. (See Modesto Bee, January 25, 2001, Jury Acquits Former Deputy)
Defense Investigation Results in Dismissal of Baby Murder Charges
In a highly emotional case involving the death of a two year old baby, McAllister's investigation proved that his client was not the person responsible for the homicide. When presented with this information, the District Attorney dismissed all charges against McAllister's client two weeks before jury trial. (See Modesto Bee, November 26, 2007)
Defense Scientific Evidence Proves Road Rage "Victim" was the Agressor
When a big rig slammed into a motorcycle, causing the motorcyclist to lose his leg, the prosecutor's theme was "road rage." When McAllister proved scientifically that the motorcyclist was the aggressor, the jury acquitted the truck driver of attempted murder and aggravated mayhem and he was released. (See Modesto Bee, November 22, 2001, Trucker Cleared of Two Charges In Road Rage Case)
Jury Acquits Dairy Owner of Double Homicide Charges Brought by Cal OSHA
A dairy owner was charged with two counts of felony manslaughter by Cal OSHA after two of his workers descended into a four foot by four foot concrete manure pit and were overcome by the gasses trapped there. McAllister's cross-examination of the Cal OSHA officials focused on e-mails where they discussed their plans to make the dairyman look "Bad". The jury found the dairyman not guilty, after which the foreperson lambasted Cal OSHA from the jury box! (See Modesto Bee, September 21, 2004, Dairy Farmer Found Not Guilty In Deaths)
Kirk McAllister went to print with his book on criminal procedure, The Criminal Trial Book, which was described by one veteran criminal attorney as the "Swiss Army knife of criminal courtroom practice". (See Modesto Bee, September 20, 2007)
McAllister Gets Bail Reduced from $266,000 to Zero.Charged with fifteen felonies, Rudy Buendia was held in custody in lieu of $266,000 bail. As a result of a motion brought by his attorney, Kirk W. McAllister, Mr. Buendia was released on September 17, 2008 on his promise to appear without the necessity of posting bail.
"Mr. McAllister said his first priority was getting Buendia out of jail, now he’ll turn his attention to the reams of reports to read. ‘It’s our job to fight these charges,’ Mr. McAllister said, ‘and vindicate him in court.’"
Defense Toxicology Investigation Results in Dismissal of All Felony Charges
A worker claimed that his employer, an international nut grower and distributor, had caused him neurological damage by exposing him to methyl bromide. McAllister conducted his own toxicological investigation which proved that the man had not been injured by the chemical. The prosecutors were thus forced to dismiss the felony charges before trial. (See Los Angeles Times, January 20, 2007, Rancher Cleared of Poisoning)
Business Owner Acquitted of Murder
A business owner interrupted a theft at his store by two men. When the owner, a retired deputy sheriff, tried to subdue one man his gun discharged, killing the thief. The District Attorney charged the businessman with murder. The prosecutor's case began crumbling in the jury trial when McAllister's cross-examination of the state's firearms expert forced her to admit she had not done an adequate examination of the firearm, which was of a type that had a history of malfunctioning. The jury acquitted the owner. (See Modesto Bee, January 25, 2001, Jury Acquits Former Deputy)
Defense Investigation Results in Dismissal of Baby Murder Charges
In a highly emotional case involving the death of a two year old baby, McAllister's investigation proved that his client was not the person responsible for the homicide. When presented with this information, the District Attorney dismissed all charges against McAllister's client two weeks before jury trial. (See Modesto Bee, November 26, 2007)
Defense Scientific Evidence Proves Road Rage "Victim" was the Agressor
When a big rig slammed into a motorcycle, causing the motorcyclist to lose his leg, the prosecutor's theme was "road rage." When McAllister proved scientifically that the motorcyclist was the aggressor, the jury acquitted the truck driver of attempted murder and aggravated mayhem and he was released. (See Modesto Bee, November 22, 2001, Trucker Cleared of Two Charges In Road Rage Case)
Jury Acquits Dairy Owner of Double Homicide Charges Brought by Cal OSHA
A dairy owner was charged with two counts of felony manslaughter by Cal OSHA after two of his workers descended into a four foot by four foot concrete manure pit and were overcome by the gasses trapped there. McAllister's cross-examination of the Cal OSHA officials focused on e-mails where they discussed their plans to make the dairyman look "Bad". The jury found the dairyman not guilty, after which the foreperson lambasted Cal OSHA from the jury box! (See Modesto Bee, September 21, 2004, Dairy Farmer Found Not Guilty In Deaths)
Kirk McAllister went to print with his book on criminal procedure, The Criminal Trial Book, which was described by one veteran criminal attorney as the "Swiss Army knife of criminal courtroom practice". (See Modesto Bee, September 20, 2007)
