These case successes represent a sample of cases that have gone to Jury Trial and have received NOT GUILTY verdicts. With over a 90% NOT GUILTY ratio against Idaho State Prosecutors, my trial success is hard to beat. Keep in mind, over the years, I have achieved numerous dismissals and reduction of charges prior to a case ever getting to jury trial, and due to the enormous task of tracking all past and future cases, I have chosen to include a sample of dismissals from May to September.
State v. Cox: Felony Cocaine Possession (Ada County)
Mr. Cox was caught shoplifting at a local store. As the Officer searched Mr. Cox incident to arrest for the shoplifting, he discovered two baggies of cocaine in Mr. Cox's jacket pocket. State was being unreasonable in their pretrial offers. Took it to jury trial and jury returned a verdict of NOT GUILTY. State couldn't prove that Mr. Cox knew that cocaine was in his pocket.
State v. Hall: Felony Grand Theft (Canyon County)
Mr. Hall is pulled over driving a stolen vehicle. After an hour of questioning (all on audio), Mr. Hall admitted that he was the one who took the vehicle. Mr. Bublitz listened to the audio and determined that the confession was false and that the officer crossed his professional boundaries when obtaining the confession. Mr. Bublitz called in an expert from Boise State University who is trained in the field of practice of false confession and proper police interrogation. NOT GUILTY.
State v. Demeyer: Driving Under the Influence of Alcohol. (Ada County) Mr. Demeyer was driving a friend home from a bar when he was pulled over by the Ada County Sheriff's Department for expired registration. Upon approaching Mr. Demeyer, the Officer alleged that he smelled the odor of an alcoholic beverage coming from the vehicle and that Mr. Demeyer's eyes were bloodshot. After a series of questions, Mr. Demeyer admitted to having three, four or five beers, but maintained that he was not under the influence of alcohol. After running Mr. Demeyer through a series of field sobriety test, the officer arrested Mr. Demeyer and took him to the station to preform the breath test. The results of the breath test were .085, .087 respectively. Mr. Bublitz argued that the test was not accurate, and that the duration Mr. Demeyer had consumed the beers was sufficient in length that his body would have metabolized the alcohol and that Mr. Demeyer would have been under the legal limit at the time he was pulled over. NOT GUILTY
State v. Williams: 3 Counts of Felony Attempted Strangulation, 1 Count of Felony Domestic Battery Traumatic Injury, 1 Count of misdemeanor false imprisonment. (Ada County) Mr Williams was at his house when his live in girlfriend alleged that she was strangled on three different occasions, beaten to the point of unconsciousness and was prevented from leaving the residence at her own free will. After a year of preparation and numerous motions by the Defense, the State dismissed the three counts of attempted strangulation and we proceeded to jury trial on the Felony Domestic Battery and false imprisonment charge. The State called in numerous witnesses, including a medical expert, to try and establish their case. Ultimately, the Jury decided that there wasn't enough evidence for the Felony Domestic Battery or the False Imprisonment charge. NOT GUILTY
State v. Williamson: Domestic Battery (Canyon County) Mr. Williamson, a prominent business owner, was working at his office in the late evening hours. Upon arriving home, he encountered his live-in girlfriend who was being belligerent, combative, and smoking in his log home. Mr. Williamson told her to leave his residence, grabbed the cigarette from her, which caused the female to burn her hand. Subsequently, the police were called and Mr. Williamson was arrested. Prosecutor offered a reduce charge of disturbing the peace, but Mr. Bublitz and his client declined the offer. Mr. Williamson should never have been charged! NOT GUILTY
State v. Kline: Driving Under the Influence (Canyon County)
Mr. Kline was driving home from Boise when a local citizen called in his driving pattern. The driving pattern included running stop signs at high rates of speed, crossing center and outer lines of travel, and wide turns. Officer initiates traffic stop and conducts field sobriety test (FST's) on Mr. Kline. FST's are on video and you can clearly see Mr. Kline was having a hard time. However, the wind was blowing 50 mph and Mr. Kline has a hard time standing anyway. Mr. Kline refused to blow. Jury returned a verdict of NOT GUILTY.
State v. Kolenic: Felony Attempted Strangulation (Ada County)
Mr. Kolenic was at home with his daughter when his live in girlfriend claimed that he choked her and strangled her. She called the police and Mr. Kolenic was arrested. The State refused to offer a misdemeanor, so we took it to trial. Defense offered numerous witnesses on how the victim was not trustworthy and how Mr. Kolenic is a peaceful person. After Mr. Bublitz caught the victim in numerous lies on the stand, the jury returned a verdict of NOT GUILTY.
State v. Sholotyuk: Felony 1st Degree Stalking (Canyon County)
Mr. Sholotyuk was in the midst of a bitter divorce when this charge was brought against him by the State of Idaho. The State refused to dismiss or reduce the charge believing that Mr. Sholotyuk was guilty. Thank god we have trial by jury. NOT GUILTY.
State v. Delaney: Minor in Consumption of Alcohol (Canyon County)
Mr. Delaney was at a house party when local police officers arrived. A Police Officer testified that Mr. Delaney admitted to consuming alcohol and that he was under age. The officer took photos of the alcohol and the State presented the evidence to the jury, along with the testimony of the officer. Mr. Delaney testified that he never admitted to consuming alcohol and in fact he doesn't even drink. After making the officer seem less than credible, the jury returned a verdict of NOT GUILTY.
State v. Mendoza: Felony Aggravated Assault, Felony Weapon Enhancement (Ada County) Mr. Mendoza was at a concert at the Knitting Factory when he got into an argument with his wife. Shortly after arriving home from the concert, his wife alleged that Mr. Mendoza threatened her life with a knife. She called the police and Mr. Mendoza was arrested and arraigned on the charges of aggravated assault, weapon enhancement, and persistent violator of the law. The court system, believing he was guilty, set bail excessively high. As a result, Mr. Mendoza was held in Ada County Jail for six months pending trial. After a two day trial, it took the jury one hour to find him NOT GUILTY.
State v. Meeks: Battery (Canyon County)
Mr. Meeks was at home when he heard pounding coming from down below in another apartment. He went down there to see what the noise was when according to the victim, Mr. Meeks struck him. Mr. Meeks admitted to hitting the victim, but only after the victim struck him in the arm with his hammer. The officer did not believe Mr. Meeks version of events and nor did the State. We called in the physicians assistant who treated Mr. Meeks for his injuries and she verified that his injury was consistent with being struck with a hammer. Mr. Meeks argued self-defense and the jury found him NOT GUILTY.
United States v. Almarez: Federal Drug Trafficking, and Conspiracy to Traffic in Methamphetamine
Federal Government conducts a methamphetamine sting operation for approximately six months. 17 individuals were arrested, but only 1 man walked away. Mr. Bublitz's client was implicated by a DEA Agent for setting up a controlled buy. Mr. Bublitz's client claims it wasn't him on the day in question. We had the audio sent to a voice recognition expert out of Virginia and ultimately Mr. Bublitz got the United States of America to Dismiss the charge for lack of evidence.
State v. Apodoca: Domestic Battery (Canyon County)
Neighbor called in a battery that she claimed she had observed. Officers arrive and without doing a proper investigation, they arrest Mr. Apodoca for Domestic Battery. State believed the officer's version of events along with the eye witness. Mr. Bublitz takes it to jury trial, where the alleged victims asserted that she lied and in fact nothing happened. After making the eye witness look biased, the jury found an easy path to a NOT GUILTY verdict.
State v. Martin: Domestic Battery (Canyon County)
Wife calls police and is observed with a goose egg type lump on her forehead. Defense argues that the bump was self-imposed and that Mr. Martin never struck the alleged victim. Furthermore, Mr. Bublitz argued to the jury that the whole charge was fabricated to get full custody of the couples daughter. After catching the alleged victim in a blatant lie, the jury returned a verdict of NOT GUILTY.
-Felony Attempted Strangulation
-Misdemeanor Domestic Battery
-Felony Aggravated Battery
-Misdemeanor Drug Paraphernalia
-Felony Leaving the Scene of Injury Accident
-Felony Attempted Strangulation
-Felony Attempted Strangulation
-Misdemeanor Drug Possession
-Felony Aggravated Assault
-Felony Weapons Enhancement