STATE AND FEDERAL PRE-TRIAL MOTIONS AND TRIALS

Judge Cohen Grants Defense Counsel’s Motion to Suppress

After two (2) years of litigation, Judge Geoffrey Cohen granted Tom O’Connell’s Motion to Suppress Physical Evidence and Statements of the Defendant in a case where the Defendant was charged with Drug Trafficking, Possession of Cocaine, Possession of Marijuana and Domestic Violence. The Defendant’s Sister called the police indicating he had struck her. After meeting the Defendant’s Sister at a shopping center parking lot, the Defendant’s Sister escorted the police officers into his residence. There was no search warrant, no consent, and the officer used the Defendant’s Sister as a shield to enter the residence. Judge Cohen ruled the warrantless seizure of the Defendant, and seizure of the contraband was illegally obtained. A Court Order indicated the Court was troubled by the reported manner in which the Defendant’s Father was treated by at least one (1) police officer in his home. The Court indicated clearly neither the Mother or the Father participated in their Son’s unlawful behavior and they no doubt were greatly distress by it. For the officer to treated the father in the manner described is "offensive and beneath the dignity of law enforcement”. The Trial Court found that the officers failed to follow proper procedure in failing to request consent of the Defendant to search of his room. The Father’s consent was not controlling whether the area to be search was the Defendant’s bedroom and the adult Defendant was physically present. All of the cocaine located in the residence was suppressed. The State later announced a nolle prosequi as to the Domestic Violence charged.

The State Announced a Nolle Prosequi as to an Aggravated Battery on a Pregnant Female Case

After a long evening of drinking, the Defendant was accused of striking and pushing the victim. After years of litigation the State announced a nolle prosequi (ie... dismissed the case) after depositions were taken, motions were filed and the State realized the alleged victim had lied prior to trial.

Tom O’Connell Earns an Acquittal in an Attempted First Degree Murder Case

In this highly publicized case, the State called numerous witnesses during trial who testified the Defendant shot a gun into their vehicle. The Defendant and his friends had attended a party where a mac-9 gun is discharged into the vehicle. All of the witness testimony was contradictory. One of the witnesses, who’s testimony was perpetuated because she had jointed the U.S. Navy, testified about the different locations of the witnesses. The alleged victim testified he only “heard” of the shooting wherein the Assistant State Attorney assigned to the case attempted to prosecute him for perjury during trial. The Trial Court ruled the witness could testify according to his memory of the events. After deliberating for many hours the jury found the Defendant Not Guilty of Attempted Murder in the 1st Degree, Not Guilty of Burglary of Structure/Dwelling/Conveyance while armed, and Not Guilty of Shooting/Throwing a missel into a vehicle. The State had to announce a Nolle Prosequi as to the Possession of a Firearm by a Convicted Felon because of Double Jeopardy.

The States Announces a Nolle Prosequi as to an Aggravated Stalking Case

In this case, the Defendant was employed as an assistant coach at a College Campus. His former girlfriend filed a complaint against him for allegedly stalking her. Tom O’Connell was able to obtain the cell phone records of the alleged victim/complainant
which showed she had sent numerous text messages and left numerous telephone calls to the Defendant. The alleged victim had claimed to be a nurse even though she was a convicted felon. The victim’s credibility was questionable. The State decided to dismiss the case.

Not Guilty Verdict on a Burglary of a Conveyance Charge After Three Mis-Trials

Tom O’Connell represented the Defendant who was accused of breaking into an off- duty police officers’ truck. The lighting in the parking lot was shaded and the officers could not obtain an adequate identification. The Defendant’s license was used as an identification tool for law enforcement when he was eventually arrested. After two mis-trials, the Defendant was found not guilty after a third jury trial.

Dismissal on a Battery Case on a Person Over the Age of 65

In this interesting case, the Defendant was accused of drinking with some friends at a party, and his Wife accused him of not taking care of the child. The Defendant and his Wife were involved in a verbal altercation. The Alleged Victim’s Mother was over 65 years old at the time where the Defendant accidentally bumped into her during an argument. The State filed a four count information, including Battery on a Person over 65 years old. After Tom O’Connell’s private investigators obtained sworn statements from all of the witnesses, the State decided to announce a Nolle Prosequi (dismissal) due to lack of evidence.

2004 Case Results in a Not Guilty Verdict

In December of 2006 Tom O’Connell, along with Co-Counsel, achieved a not guilty in a Drug Trafficking case. This 25 year mandatory case was an on going investigation. After the Defendant was placed under surveillance, law enforcement indicated they felt the Defendant was hiding some drugs under his jacket after leaving his residence.

Upon obtaining a search warrant, there was cocaine residue and other drugs located in the residence. The Co-Defendant had some drugs in his vehicle. The confidential informant testified he left the drugs underneath the vehicle. However, law enforcement was not able to positively identify the Defendant and the cocaine. The informant’s testimony was not credible. Consequently, the verdict as to Count I: Trafficking Cocaine over 400 grams and under 150 Kilograms, Count III: Possession of Methamphetamine, Count IV: Possession of Cannabis, and Count V: Possession of Drug Paraphernalia, ended in a verdict of not guilty.

Numerous Misdemeanor Domestic Violence Cases Dropped

Tom O’Connell has represented hundreds of domestic violence Defendants within the past five years. Most of the alleged victims voluntarily come forward and provide voluntarily sworn statements asking the State to drop the charges. All of the cases the State will review the probable cause affidavit, read the sworn statement, consult with the victim, and then will make a decision whether to drop the charges. The cases which proceeded to trial were eventually dismissed or resulted in a lesser charge.

Political Consulting and Government Representation

Tom O’Connell has many years experience as CAMPAIGN COUNSEL to numerous political organizations and campaigns, including local candidates for Broward County Sheriff, County Commission, candidates for Mayor, City Commission, and has been hired by the Clerk of the Court, Broward County, to handle various legal matters.

His representation originally resulted in many frivolous foreclosure cases being dismissed based upon diverse legal grounds, which in turn required the lending institutions to modify their pleadings to their current proper format.

The Clerk of the Court has been able to either stop or delay the banks from getting all of their funds paid, or partially recovered, so the homeowner can negotiate favorable terms as to a new mortgage. The taxpayer keeps their home, and the lien on the taxpayer’s home is still present to cover court ordered child support, alimony, and other costs which are owed to the Clerk of the Court and/or Circuit Court System.

Personal Injury Cases and Complex Civil Litigation

Tom O’Connell recently settled a WRONGFUL DEATH CASE for 1.2 million dollars wherein the mother of four children died while riding as a passenger after a tragic car accident wherein Tom and his Co-Counsel negotiated a complex long term pay-out which will help the children pay for school, funeral expenses, and various other living expenses.

Tom O’Connell settled a similar case wherein the victim lived after suffering severe chest trauma as a result of a drunk driver slamming his truck into a tree.

The case settled for the insurance policy limits of $300,000.00. Tom’s Client was thrilled with the settlement, she was able to recover from her injuries, and she went back to work as a local artist painting beautiful pictures which have been displayed throughout the State of Florida.