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Criminal Charges Against Health Care Provider Dismissed on Eve of Trial

After the California Attorney General touted criminal allegations against a nursing home and its director of nursing, the firm convinced a judge to dismiss all charges on the eve of trial.

The rare, pre-trial dismissal was based on the prosecution’s withholding of critical evidence from the defense. The prosecution had failed to disclose to the defense information taken from a critical witness’s iPhones, including text messages and voicemails that decimated the prosecution’s allegations.

The judge held, “I do think there was Brady violation. I do think that had the magistrate had this information or had the defense had this information . . that would have potentially led to a different result.”