Kirk's Kiosk
JURY FINDS CLIENT NOT GUILTY OF FELONY ASSAULT
Juries are still the backbone of our justice system. When his client was charged with felony assault, Kirk McAllister requested a jury trial and convinced the jurors that his client was merely acting in self defense. The result: a not guilty verdict. (People v. Lusk, Superior Court Number 1238131, July 31, 2009)
VEHICULAR MANSLAUGHTER CLIENT FOUND NOT GUILTY
Kirk McAllister defended the driver charged with vehicular manslaughter after his passenger was killed in a tragic automobile accident. After Mr. McAllister argued that the accident was caused by another vehicle which fled before the police arrived, the jury found his client not guilty. (People v. Nelson, Superior Court Number 1238845, January 8, 2009)
MARIJUANA CULTIVATION THROWN OUT AS AN ILLEGAL SEARCH
When police responding to a domestic violence call made a warrantless "protective sweep" of the house, they discovered marijuana being cultivated. Based on the initial observation they then obtained a search warrant. Kirk McAllister brought a motion to suppress the evidence of cultivation as the result of a violation of the Fourth Amendment. The trial court judge ruled against him, but on appeal the court held that McAllister's position was correct and suppressed all the evidence as the result of an illegal search. (People v. Kiryakoz, Superior Court Number 1093389, Appellate Number F054463 filed February 19, 2009, unpublished)
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)
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)
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)
On January 2, 2009 Kirk McAllister went to press with the Third Edition of his book, "The Criminal Trial Book". It has been hailed by one commentator as "the Swiss Army knife of criminal trial practice". (See Modesto Bee, September 20, 2007)
JURY FINDS CLIENT NOT GUILTY OF FELONY ASSAULTJuries are still the backbone of our justice system. When his client was charged with felony assault, Kirk McAllister requested a jury trial and convinced the jurors that his client was merely acting in self defense. The result: a not guilty verdict. (People v. Lusk, Superior Court Number 1238131, July 31, 2009)
VEHICULAR MANSLAUGHTER CLIENT FOUND NOT GUILTY
Kirk McAllister defended the driver charged with vehicular manslaughter after his passenger was killed in a tragic automobile accident. After Mr. McAllister argued that the accident was caused by another vehicle which fled before the police arrived, the jury found his client not guilty. (People v. Nelson, Superior Court Number 1238845, January 8, 2009)
MARIJUANA CULTIVATION THROWN OUT AS AN ILLEGAL SEARCH
When police responding to a domestic violence call made a warrantless "protective sweep" of the house, they discovered marijuana being cultivated. Based on the initial observation they then obtained a search warrant. Kirk McAllister brought a motion to suppress the evidence of cultivation as the result of a violation of the Fourth Amendment. The trial court judge ruled against him, but on appeal the court held that McAllister's position was correct and suppressed all the evidence as the result of an illegal search. (People v. Kiryakoz, Superior Court Number 1093389, Appellate Number F054463 filed February 19, 2009, unpublished)
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)
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)
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)
On January 2, 2009 Kirk McAllister went to press with the Third Edition of his book, "The Criminal Trial Book". It has been hailed by one commentator as "the Swiss Army knife of criminal trial practice". (See Modesto Bee, September 20, 2007)
