August 16, 2017, Victory for an Abused Spouse Falsely Accused of Murdering her Abusive Spouse. Attorneys Michael Kanovitz, Melinda Power and Rachel White-Domain were contacted by a woman, Ms. Shumaker, who had been abused by her husband for years, was accused of murdering him and was facing 20 plus years in prison for the murder of her husband. Forming a legal defense team, the attorneys were determined that Ms. Shumaker, far from being the accused, should be the accuser. Research determined that she had suffered abuse for years. On the day of his death, the spouse was still abusing Ms. Shumaker when he died. After one and one-half years in jail, the state's attorney's office agreed that they could not prove that Ms. Shumaker intentionally killed her husband. She walked out of jail that day, to her immense relief, the attorneys satisfaction and the joy of her family. There are many more women who are in jail because they are accused of killing their abusers. They need our help.
Not Guilty Verdict in Criminal Drug Case
August 16, 2017, Melinda Power successfully defended her client, Mr. Jefferson, who was charged with delivery of a controlled substance. The Court found Mr. Jefferson not guilty of all charges at the conclusion of the trial. His wife was overcome with emotion and burst into tears when the Judge announced the verdict.
Legal Victory for Water Protector: Charges Dismissed
Standing Rock protesters' charges were dismissed as a result of motions filed by Attorney Melinda Power.
Water Protector Legal Collective
March 30 at 4:10pm ·
For Immediate Release: March 30, 2017
TWO MORE WATER PROTECTOR CASES DISMISSED
Today, in a signed order, Morton County District Judge Schmalenberger granted Motions to Dismiss filed by water protector defendants Theresa Blackowl and Olivia Bias. The defendants were charged with “criminal trespass” and “engaging in a riot” when they were arrested at an area identified as DAPL site 118 on Highway 6 on October 10th.
In the affidavit offered by the prosecution, Ms. Bias was accused of “refusing to leave and locking arms in a teepee to delay arrest” and Ms. Blackowl was accused of being “in a tepee on DAPL site 118” and “refusing to leave.” The defendants filed Motions to Dismiss arguing that the facts alleged, even if true, did not provide the probable cause necessary to show a crime was committed or that the defendants committed it.
In granting the defendants’ Motions, Judge Schmalenberger concurred:
The complaint must show that probable cause exists to believe that the defendants committed the acts charged. The alleged facts must be sufficient to warrant a defendant committed it…The allegations in the affidavits do not meet this standard. The affidavits do not even contain the essential elements of the charged offense…THEREFORE, IT IS HEREBY ORDERED that the charges of inciting a riot and criminal trespass are dismissed without prejudice.
Attorneys bringing the Motion were part of the Water Protector Legal Collective’s (WPLC) Pro Hac Vice program approved by the North Dakota Supreme Court. The program allows experienced out-of-state attorneys to appear in the #NoDAPL cases pro bono, without local counsel present. Melinda Power and her local counsel sponsor, Amanda Harris, originally filed the Motions to Dismiss. Ms. Power is a WPLC-affiliated pro hac vice attorney from Chicago, and Amanda Harris is an experienced local criminal defense attorney.
While Judge Schmalenberger’s immediate ruling is limited to the two cases set for trial tomorrow and is based on the specific language of the affidavit, the rationale for dismissal could easily apply to many of the other hundreds of Water Protector cases where “criminal trespass” and “engaging in a riot” are charged and specific factual allegations are lacking.
Yesterday, on March 29, North Dakota Water Protectors had felony “reckless endangerment, “lockdown” charges dismissed. States Attorney Grossinger said he had a conflict on the day the felony reckless endangerment case was set for trial, and he was not prepared for trial on April 4th, despite having nearly six months to investigate, gather evidence, and find witnesses who could establish that any crime occurred.
As of today, no Water Protectors have been found guilty of felony charges, none have been sentenced to spend time in jail, and over 30 Water Protectors have had misdemeanor charges dismissed for lack of evidence. We also want to acknowledge the Freshet Collective for providing bail, travel money, and ground support for defendants, as well as financial assistance to local attorneys who are representing Water Protectors.
Oil may be flowing under Lake Oahe, but the arc of the moral universe still bends toward justice. Water protectors are winning the fight against the head of the “black snake” in the courts, and this Movement has inspired so many to continue this fight elsewhere. These are still sacred times.
#MniWiconi
#NoDAPL
#NotGuilty
Motion to Suppress the Evidence Granted
In the criminal case of People v. Monroe, Attorneys Melinda Power and Sara Garber won their Motion to Suppress the Evidence on behalf of Mr. Monroe on 8/25/2016. As a result, all evidence unlawfully seized by the police was quashed. Mr. Monroe faced two separate armed robbery charges which were dismissed. A happy Mr. Monroe and his sobbing mother left the courtroom a lot happier than when they entered it.
False arrest case settled in favor of plaintiff 1/2016
For the second time, Attorney Melinda Power first won the criminal case for falsely arrested Plaintiff Torres, who was charged with Unlawful Use of a Weapon. She and attorney Sandeep Basran then went on to successfully settle his federal civil rights lawsuit.
People v. Robles
09/20/2013, Along with co-counsel, Mark Parts, Melinda Power won a jury trial before the Honorable Judge Porter. After deliberating for just one hour, the jury found the defendant not guilty of residential burglary.
People v. Arzuaga
03/15/2013, Case dismissed against a defendant charged with unlawful use of a weapon. Challenging the officers' illegal stop and search, Attorney Melinda Power successfully argued a motion to suppress the defendant's arrest and to dismiss all charges.
Torres v. Hayes
03/13/2013, Following the successful defense of the underlying criminal charges, West Town Law Office initiated a civil complaint for malicious prosecution, netting a settlement of over $40,000.
People v. DeJesus
01/23/2013, Defendant charged with possession of a controlled substance charge found not guilty. During a bench trial, Attorney Melinda Power effectively cross-examined the arresting officers, honing in on the contradictions in their arrest narratives. The court found Mr. DeJesus not guilty.
People v. Torres
12/28/2012, Defendant found not guilty of charges of unlawful use of a weapon. Over the course of a bench trial before the Honorable Judge Alonso, Attorney Melinda Power successfully demonstrated the unreliability of the arresting police officers' testimony and the prosecution's inability to prove Mr. Torres guilty beyond a reasonable doubt.
City of Chicago v. Tieg Alexander, Et Al
In another victory for 1st Amendment rights and to protect the right of people to protest, Circuit Court of Cook County Judge Donnelly ruled that the City of Chicago violated the rights of Occupy Chicago protesters to be present in Grant Park. He granted our Motion to Dismiss the charges against the Occupy protesters. He reaffirmed that parks are public spaces where 1st Amendment rights must be respected.
