TRIAL ATTORNEY ELIZABETH GABA has the philosophy that no case should be considered hopeless. She believes that no case should be looked upon as being so terrible that nothing can be done. SHE BELIEVES THAT EVERY CASE SHOULD BE CONSIDERED AS BEING WORKABLE AND WINNABLE.

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Attorney Gaba believes that with enough research, analysis, energy, and review of the fact patterns, a small minor fact may be found, and an overlooked detail may be discovered. Such seemingly small facts and tiny details may lead to a sufficient inference of reasonable doubt. Attorney Gaba believes that if the concept of "not guility" by reason of the existence of legal reasonable doubt cannot be conveyed to every member of a jury, it ought to be successfully delivered to at least one member of a jury who will believe in it and cling to it.

Through practical experience, Trial Attorney Gaba has determined that there are three broad categories by which an accused defendant may have a successful outcome for his case.

  1. By submitting strong and effective pre-trial motions,
  2. By cross-examining the prosecution's witnesses, giving the story of the case in opening argument, and taking the jury home to the theme of the case in closing argument, a criminal case may be won. There is no guarantee -- but hard work always is its own reward.
  3. A criminal defendant may win his case by the prosecutor losing his side of the case caused by unforeseen events!

UNFORESEEN EVENTS

Unexpected events, which affect a prosecutor's side of a criminal case, are never controlled by the defendant or his attorney but may occur. A few examples of unforeseen events that benefit the defendant are listed below:

  1. The testing laboratory that ran the analytical drug test on the suspected cocaine/heroin/meth has lost its certification/accreditation. The judge will not let the laboratory technician who ran the test testify in the case.
  2. The police property room has mislabeled physical evidence in their possession. The evidence is not available at the time of trial.
  3. The police officer/detective at the time of trial is unavailable.
  4. A prosecution witness materially and substantially changes his story or recants (denies his earlier statement). The witness is a paid police informant. He mistakes the details of one case and places them into the circumstances of a different case.
  5. A police department has arrested and charged another person, other than the defendant, with committing the crime for which the defendant is about to stand trial.
  6. The prosecutor's office, after providing the defense attorney with all "discoverable" evidence known up to that time, obtains new and further evidence. This new and additional evidence has not been disclosed to the defense attorney.

There are many more examples than can be listed here.

There is a common theme to all the examples listed above. None of the events are under the control of the defense attorney or her client. All are generally unpredictable and unforeseeable even to a prosecutor. What the prosecutor sees as an open-and-shut-case can actually blow up and fall apart. The fact that such detrimental events can take place, which befall the prosector's case, actually substantiates Attorney Gaba's philosophical point of view (that is, no case should be considered hopeless). No self-respecting, hard-working defense attorney will ever say, "I know this new case I am taking looks desperately weak, but I know that good fortune will come along and help me at the last minute." But on the other hand, a hard-working attorney who relies exclusively on a multitude of pre-trial motions, the rules of evidence, endless trial preparation, professionalism, Goldstein and his precepts of cross-examination, strict application of the rules of ethics, and self reliance would similarly not say, "I am fully prepared for a jury trial, therefore, I will reject and refuse good fortune if it chooses to seek me out and bite me on the ankles." Hard work is always to be relied upon. Fortuitousness only arrives when one doesn't need it. NO CASE SHOULD BE CONSIDERED HOPELESS.

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