David Lundgren’s client faced third degree criminal sexual conduct charges in Hennepin County.  The alleged victim claimed that Mr. Lundgren’s client sexually assaulted her while she was passed out after a night of drinking.  The client faced years in prison and a decade of supervised release if he was convicted of the offense.  Mr. Lundgren’s goal going into the case was the same as all others, to have the sex crimes charges dismissed.

Mr. Lundgren utilized the services of an expert sexual assault nurse examiner (SANE) and a DNA forensic expert to review the State’s evidence.  After reviewing their thorough and detailed reports, Mr. Lundgren concluded that the prosecution’s case had some difficulties if the matter proceeded to trial.

Through pretrial motion practice and extensive negotiations, Mr. Lundgren’s client received an offer of probation in the matter.  The client elected to forego the offer and proceed to trial.  Mr. Lundgren utilized the SANE expert and cross-examination of the State’s witness in defense of his client.  At the close of trial, the jury deliberated for two days, could not come to a verdict, and a hung jury was declared.

Following the hung jury, Mr. Lundgren continued to pursue his client’s defense.  Instead of electing to retry Mr. Lundgren’s client, the prosecution decided to dismiss the case against him.  Instead of facing prison time, a decade of supervised release, and predatory offender registration, Mr. Lundgren’s client walked away a free man because the sex crimes charges were dismissed.