Jury Acquits Olean Man on Assault Charge
Little Valley, NY - A Cattaraugus County Jury today of six women and six men found Michael J. Ward of South Barry Street, Olean, NY, not guilty of one count of felony assault 2nd and guilty of one count of a violation for unlawfully possessing marijuana.
It was alleged that Mr. Ward, age 23, had assaulted his former girlfriend in the residence they shared at 1309 Washington Street in Olean on June 15th of last year. Mr. Ward was arrested based upon a complaint from the former girlfriend, Jenny E. Stephens, 28, now of Batavia, which was made to Olean City Police on August 5, 2011. Mr. Ward was found to have a small amount of marijuana in his pants pocket when he was arrested later that day.
The jury deliberated for approximately one hour before announcing their verdict. The four day trial was presided over by Cattaraugus County Judge Larry M. Himelein. It was Judge Himelein’s first trial since returning to work after an extended medical leave.
Mr. Ward, represented by Cattaraugus County Public Defender Mark S. Williams, broke out in tears as the verdict was announced on the assault charge, which, had he been convicted of, would have resulted in a mandatory prison sentence of up to seven years. He had attempted to enter a guilty plea to the marijuana possession charge as the trial resumed today but was rebuffed by prosecutor John Luzier, First Assistant District Attorney of Cattaraugus County. Mr. Ward had conceded his guilt on that charge during earlier testimony from Olean Police Captain Robert Blovsky. Mr. Ward had maintained his innocence on the assault charge from the day of his arrest. Medical records from Ms. Stephens’ stay in Olean General Hospital indicated that she had on numerous occasions told medical personnel that she had tripped and fallen into the corner of a kitchen counter at their residence and was injured. However, Ms. Stephens later changed her story and indicated to her doctor fourteen days later that she had been kicked by Mr. Ward on June 15th. On August 5th, when she first went to the police to file a report, she claimed she had been punched by Mr. Ward on June 15th and had been a victim of domestic violence.
Mr. Ward testified in his own defense at the trial and also presented the testimony of his current girlfriend, Samantha Cooper of Olean. Mr. Ward’s attorney, Public Defender Mark S. Williams stated “We are very pleased by the verdict. There was next to no investigation of this complaint by the authorities. When my investigator tried to interview witnesses and the alleged victim, doors were literally slammed in our face.” Testimony in court on Thursday by Ms. Stephens indicated that she was told by prosecutor John Luzier to not talk to the defense attorney or his investigator. “It really makes our job that much harder when no one will talk to us about a case proceeding to trial. When we learn that it is the prosecution that has told them to not talk to us, it is outrageous,” said Williams.
In her testimony, Ms. Stephens revealed that her eight year old son was present when the alleged assault took place. “This information was not in any police investigation, statement of Ms. Stephens, nor in any medical records. It is unbelievable that a witness to an alleged assault is not interviewed by the police. It is even more unbelievable that it appears that until Ms. Stephens testified that no one, including the prosecutor, was aware of that fact” stated Williams. “While we presented a very logical argument at trial that Michael Ward was not guilty of the charge and, in fact, had not assaulted Ms. Stephens, the criminal justice system is shown to be unfair and unjust when a crucial eyewitness is never revealed until the middle of a trial and is never interviewed. We are ever thankful that our jury system is there to force the police and prosecutors to go back and see what they can do better in the next investigation. Unfortunately, all too often the result is a disgruntled prosecutor who thinks the jury just got it wrong. The truth is, the jury got this verdict correct and an innocent man will not be going to prison,” Williams concluded.
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It was alleged that Mr. Ward, age 23, had assaulted his former girlfriend in the residence they shared at 1309 Washington Street in Olean on June 15th of last year. Mr. Ward was arrested based upon a complaint from the former girlfriend, Jenny E. Stephens, 28, now of Batavia, which was made to Olean City Police on August 5, 2011. Mr. Ward was found to have a small amount of marijuana in his pants pocket when he was arrested later that day.
The jury deliberated for approximately one hour before announcing their verdict. The four day trial was presided over by Cattaraugus County Judge Larry M. Himelein. It was Judge Himelein’s first trial since returning to work after an extended medical leave.
Mr. Ward, represented by Cattaraugus County Public Defender Mark S. Williams, broke out in tears as the verdict was announced on the assault charge, which, had he been convicted of, would have resulted in a mandatory prison sentence of up to seven years. He had attempted to enter a guilty plea to the marijuana possession charge as the trial resumed today but was rebuffed by prosecutor John Luzier, First Assistant District Attorney of Cattaraugus County. Mr. Ward had conceded his guilt on that charge during earlier testimony from Olean Police Captain Robert Blovsky. Mr. Ward had maintained his innocence on the assault charge from the day of his arrest. Medical records from Ms. Stephens’ stay in Olean General Hospital indicated that she had on numerous occasions told medical personnel that she had tripped and fallen into the corner of a kitchen counter at their residence and was injured. However, Ms. Stephens later changed her story and indicated to her doctor fourteen days later that she had been kicked by Mr. Ward on June 15th. On August 5th, when she first went to the police to file a report, she claimed she had been punched by Mr. Ward on June 15th and had been a victim of domestic violence.
Mr. Ward testified in his own defense at the trial and also presented the testimony of his current girlfriend, Samantha Cooper of Olean. Mr. Ward’s attorney, Public Defender Mark S. Williams stated “We are very pleased by the verdict. There was next to no investigation of this complaint by the authorities. When my investigator tried to interview witnesses and the alleged victim, doors were literally slammed in our face.” Testimony in court on Thursday by Ms. Stephens indicated that she was told by prosecutor John Luzier to not talk to the defense attorney or his investigator. “It really makes our job that much harder when no one will talk to us about a case proceeding to trial. When we learn that it is the prosecution that has told them to not talk to us, it is outrageous,” said Williams.
In her testimony, Ms. Stephens revealed that her eight year old son was present when the alleged assault took place. “This information was not in any police investigation, statement of Ms. Stephens, nor in any medical records. It is unbelievable that a witness to an alleged assault is not interviewed by the police. It is even more unbelievable that it appears that until Ms. Stephens testified that no one, including the prosecutor, was aware of that fact” stated Williams. “While we presented a very logical argument at trial that Michael Ward was not guilty of the charge and, in fact, had not assaulted Ms. Stephens, the criminal justice system is shown to be unfair and unjust when a crucial eyewitness is never revealed until the middle of a trial and is never interviewed. We are ever thankful that our jury system is there to force the police and prosecutors to go back and see what they can do better in the next investigation. Unfortunately, all too often the result is a disgruntled prosecutor who thinks the jury just got it wrong. The truth is, the jury got this verdict correct and an innocent man will not be going to prison,” Williams concluded.
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