Trial Summaries 1989 to 2018

Tom Handley

Public Defender Colorado 1990 to 1997 | Minnesota Ramsey County 1997 to 2018

(last updated 7/27/18)

1989 Arapahoe County Regional Trial office

Summer intern limited practice agreement

7/89

Herrick? T/C Failure to yield NG

8/89

J/T Heinrichs DUI guilty of a lesser offense DWAI

1991 Adams County Regional Trial Office

1/91

Bowens Misd. Sex Ass. NG

Chavez T/C dismiss DAC, guilty DUI

Jacobson DUI NG

2/91

Market 5th Degree Assault Domestic  J/T Guilty 2 year sentence to county jail

5/91

Davidson J/T DUI NG

6/91

Chapparo J/T DUI NG

6/91

Mcgrath 5th degree assault domestic J/T NG

Salida Regional Trial Office 1991 to 1993

12/91 Grett 5th Degree Assault NG bouncer at the Lamplighter in Salida Self defense theory

6/92 Hererra Felony Possession of Contraband 1st Degree G (motion for new trial granted juror misconduct juror did not reveal his status as National Guard member he was compensated employee of law enforcement agency he plead before second trial 18 months prison mandatory consecutive

 Arapahoe County Regional Trial Office 1993 to 1994

7/93 Hatch Lincoln Co. Limon State Prison case J/T Possession of contraband 1st degree NG

7/93 Klien Lincoln Co. Limon State Prison case J/T Possession of Contraband 1st degree NG

1/94 Ruiz J/T 2nd Degree Burglary Fifth Degree Assault NG both counts

4/94 Perea J/T Sex Assault mistrial (juror non disclosure issue)

5/94 Baker J/T SAC 2 counts, Contributing to the delinquency of a minor NG one count SAC, hung Jury second count SAC , G contributing (Contributing to delinquency of a minor reversed on appeal reverse Batson issue)

6/94 Baker J/T (same Def) case dismissed after jury sworn court ruled child statements inadmissible

6/94 Trammer J/T 1st Murder 1st Degree was co counsel /second chair with Carrie Thompson NG

6/94 Ruiz J/T (same def as above) Felony Menacing Hung Jury (10-2 to convict)

7/94 Austin J/T 2nd degree Assault Mistrial after jury sworn

7/94 Perea J/T Sex Assault re-trial from 4/94 above Hung Jury (11-1 to acquit)

Denver Regional Trial Office 1995 to 1997

3/95 Carter sale of Controlled Substance NG

5/95 Towery 1st Degree Assault, 1st Degree Attempted Murder G

6/95 Bush 2nd Degree Burglary Assault 5th Degree NG

11/95 Freyre-Vega 1st Degree Assault (G of lesser Misd. Assault)

8/95 to 10/95 Ellihue August Assault 1st Degree G

Mr. A parlayed 120 day offer on muni charges into 20 years prison

11/95 Frost Sex Assault on a Child G and “Little Bitch” 25-50 yrs

1/96 94CR3831 Vince Holt 2 counts Agg Robb NG

3/96 Segura 2nd Degree Assault G

11/96 Hernandez Assault 1st Degree and Assault 2nd Degree G

Not sure of date  but was in 96’ Herrera 1ST First Degree Assault dismissed after jury empanelled witnesses appeared pros could not unring the bell case dismissed

2/97 Hurt 1st Degree Murder G 2nd degree Murder

3/97 Damien 2nd Degree Burglary, Felony Harassment (G of Misd.)

6/97 Minngia J/T Agg Robb (Hung Jury)

5/97 Wilson J/T Robbery Theft G

8/97 Minngia Agg Robb retrial G

Ramsey County Public Defender’s Office 1997 to present 

2/98 H. H. Jury Trial Offering a Forged Check Not Guilty 62-K1-97-002893, 97F163954.1 Judge Dickinson

7/98 B. J. Trial to the Court Attempted 2nd degree Murder, 1st Degree Assault Not Guilty K3-98-001867 98F09546.1 Judge Campbell

8/98 T.W. K6-98-000857, 98F08841.1 Trial to the Court Criminal Sexual Conduct 2nd Degree Not Guilty

6/98 A,J. Possession by Ineligible Person Jury Trial Guilty K8-98-00-2254, 98F20030.1Judge Rosas

5/99 W.W. Jury Trial Aggravated Robbery K5-99-000116, 99F00617.1 probation granted  after verdict of guilty  Judge Wilson

8/99 A.T. K7-98-000026, 98F01878.1 J/T Possession by Ineligible Person Guilty (appeal and oral argument made by Chris Rued our paralegal and I

2/00 J.J.R. 62-K4-00-0552 OD 2/17/00 Motion to suppress gun is granted

5/00 D.M. G. KX-00-0085, 00F00436.1 Jury Trial Theft of Motor Vehicle Not Guilty Judge Klas

9/00 O. B. K4-00-1765, 00F09507.1 Jury Trial Possession by an Ineligible Person Not Guilty Judge Monahan

10/00 G. J. KX-00-002502, 00F13601.1 Jury Trial Possession by Ineligible Person Guilty Judge Wilson

4/01 T.L.E J/T KO-00-601277, Jury Trial Misdemeanor Domestic Assault, gross misdemeanor 911 Interference Not Guilty Judge Monahan

7/01 G. J. B. 62-K3-01-600201, 01G05129.1 Jury Trial Offering a forged check Gross Misdemeanor Guilty Judge Flynn

6/02 J.B.W.  K2-02-0070, 02F02461.1 Jury Trial Theft of Motor Vehicle Not Guilty

3/03 L.Y. K4-02-3732, 02F19114.1 Jury Trial Criminal Sexual Conduct 1st Degree Not Guilty Judge Gearin

7/03 N. G. Murder 2, Att Murder 62-CR-K9-03-002411 2 def plead guilty to Murder 2 and Att sentences concurrent to each other received sentence of about 17 years she was also committed as mentally ill and dangerous a Ramsey County grand jury refused to indict Ms. G for 1st degree murder Judge Dorn

9/03 B. J.M. T8-03-035058 VHO NG T8-03-035058 03M12086.1 Trial to the Court motion for judgment of acquittal granted Judge Gearin

6/04 K.E.N. K4-04-0737, 04F03160.1 Violation of the Controlled Substance Law 5th Degree Guilty Jury Trial Judge Cleary

11/04 Q.O. L. K5-04-002514, 04F13056 Failure to Register as a Predatory Offender 2nd offense (24 to 60 mos.) Not Guilty Trial to the Court Judge Gearin

10/05 R.D. K1-05-001497, 05F07094.1 1st Degree Possession Jury Trial G (case reversed on appeal, dismissed by the prosecution 5/07) Case reversed on Terry grounds by the Court of Appeals prosecution declined to pursue an appeal to the Supreme Court case dismissed by Ramsey County Attorney’s office Judge Gearin

10/05 T. T. 62-K9-04-002094 Possession by an Ineligible Person Jury Trial G (reversed by Court of Appeals on Terry grounds, MN Supreme court reinstated conviction in 2008) Judge Gearin

4/06 L. L. C. 1st degree murder Jury Trial co-counsel with Connie I G (Sackett) 4 week murder trial case reversed on appeal issue: jury instruction accomplice liability case remanded to the trial court 9/08 2/09 case resolved def given credit for time he has served since 1/05 and must do one more year in custody and one year out of custody on parole Judge Johnson

8/06 J.P.N. K0-06-002084, 06F09015.1 Possession by an Ineligible Person Jury Trial Guilty case affirmed on appeal cased involved the Metro Gang Strike Force cell phone litigation before it was law Judge Tony Atwal did the appeal Judge Clark (Metro Gang Strike Force disbanded 2009)

8/06 M. S. J/T K7-06-2096, 06F08892.1 Terroristic Threats Jury Trial Not Guilty Judge Clark

4/07 C. E. F.  62-KX-06-004330 Attempted Murder, Assault 2 dismissed on day of trial no jury   Andrea Hansen/Slater did a great job with the investigation we had an interesting ID suppression hearing we were creative in our quest for PSI info on pros wits with long crim histories Judge Monahan

6/07 D.W.B. 62-K5-06-003165 Jury Trial Possession by an Ineligible, Assault 2nd Degree Guilty of Possession by an Ineligible guilty lesser offense Attempted 2nd Degree Assault  Judge Van De North

7/07 H. D. 62-K9-07-000554, 07F04332 Jury Trial Offering a Forged Check Not Guilty his was a case where my children watched most of the trial during a tough period for our family Judge Flynn

10/07 M.L. C. K4-07-00476, 07F02106 Financial Transaction Card Fraud Jury Trial Guilty Judge Monahan

5/08 K.N. X. 62-K3-04-001748 Solicitation of a minor sex with a minor etc.

Case dismissed on Doggett grounds for (delay in pursuing case) Judge Wilson

5/08 M. M. R. 62-K4-07-004124 Terroristic Threats Jury Trial  Guilty Judge DeCourcey

6/08 M. N. 62-K9-08-000077 08F00322 Motor Vehicle Theft Jury Trial Not Guilty defendant stayed in his prison outfit with 2 Spreigls in evidence. Judge Alshouse

8/08 W. McD. 62-K6-08-001140 Assault 1, Attempted Murder 2, Possession of a Firearm by an Ineligible Person Jury Trial Guilty Firearm count severed prior to trial, Guilty of Assault 1, hung jury Attempted Murder dismissed 6/09 a trial on stipulated facts held to preserve Mr. McD's appeal issues held 7/09 case on appeal 2/10 case sent back to the trial court for findings regarding removing def’s sisters during the testimony of CS. 5/10 we had the hearing no further witnesses were allowed to be called a good opportunity for a writing exercise for me we had argument the court denied our motion for a new trial. Mr. McD’s appeal denied by the Court of App. Judge Van De North

8/08 J. H. 62-K9-08-001049 VOCSL 2 Jury Trial Guilty St. Paul Crime Lab Case.  Guilty Drugs found alleged to be seized from the mouth of the defendant. Drugs seized not admitted into evidence, virtually unheard of. Motion for new trial filed 9/08 11/08 motion for new trial denied. 3/10 appeal denied petition for review denied 2010. In 2012 St. Paul Crime Lab shut down.

9/08 P.A. Robbery Jury Trial G 62-CR-08-4821, 08 F09329 Jury Trial Guilty Judge Rosas

10/08 E G.Violation of the Controlled Substance Law Fifth Degree Jury Trial 62-CR-08-7627 Guilty 3/10/10 appeal denied Judge Nathanson

4/09 B.A. Violation of the Controlled Substance Law Fifth Degree  Jury Trial 62-CR-08-18002  2 counts Guilty of one count Not guilty second count 7/09 case is on appeal; Appeal decided 9/7/10 the conviction was affirmed Judge Guthman (his first felony Jury Trial as a Judge)

6/09 D.M. El Assault 2nd Degree, CVO GM J/T 62-CR-08-11668 NG of Assault 2 G GM CVO offer was to plead to assault 2 Alford plea cap of 6 months def rejected Judge Smith

9/09 N. T. Failure to Register 62-CR-08-19150, 09F05428, Jury Trial Guilty  very

10/09 D. A. N. B. Offering a Forged Check Jury Trial Guilty  62-CR-09-009774 09F09729 Judge Fetsch

10/09 G. M. VOCSL 5 62-CR-09-10685, 09F00009423.1 motion to suppress evidence granted  Judge Fetsch

4/10 D. C. 62-CR-09-16555, 09000014675. Jury Trial Criminal Sexual Conduct First Degree three counts, Criminal Sexual Conduct Second Degree  three Counts Not Guilty three counts CSC 1, Guilty 3 counts CSC 2 sentencing 6/30/10 129 months prison Judge Tilsen

7/10 T. D. A. 62-CR-10-2136 Robbery, Assault 5th degree Jury Trial Not Guilty Judge Smith

5/11 D.D. 62-CR-10-3568, 10F0020973 Theft by Swindle Jury Trial Guilty Judge Tilsen

9/11 C. Y. 62-CR-11-4869, 11F0048977 Attempted Criminal Sexual Conduct 2nd Degree, Kidnapping Dismissed on the day set for trial Dismissed Judge Smith

This case happened 6/27 reported in the paper as “woman fends off attacker by hitting him with a rock in the face after he had dragged her into an alley”. Andrea Slater and I worked the problem; went to the scene in 8/11 we found four witnesses including, the 911 caller (Kong Meng), the 911 call had not been disclosed by the pros until we disclosed it to them, the Comp had three prior felonies, a number of aka’s, DOB’s, 4 FITPs, 2 prior prostitution convictions, 1 pending prostitution arrest from 5/11 her story was bizarre made no sense. After disclosing these wits and two versions of a rape shield motion the prosecution dismissed the case.

9/11 E. F. 62-KX-07-003558 11F0048560 Felony Theft Dismissed

This was another case picked up with the 27 others June 11, 2011. The offense date here was 3/07 def is mentally ill person who was named president of the housing council for a high rise building that catered to low income and mentally ill persons he did not want the job he was given an ATM card and access to an account he withdrew 4,000 and gave it to a secretary named B.  He admitted taking 200 Both def and Ms. B. were arrested each made a statement (Ms. B. invoked her right to counsel then waived it) then released pending further investigation  that was March 2007 def was charged shortly after late March early April 2007 the summons was sent to his address but he had been evicted all other mail was forwarded but not the  summons in this case. A warrant was issued and remained active from 4/07 to 6/11. Case dismissed based on no effort to find Mr. F.

1/12 R.L. X. Felon in Possession of a Firearm 62-CR-11-8807 OD 10/30/11 Jury Trial Guilty Judge Ireland

Trial began 1/17/12 ST no offer weapon was a Tech 9 .380 21 bullet clip found with def car in a drill case my first attempt to cross BCA DNA expert I thought it went well but jury convicted Mr. X. in 30 minutes Appeal denied 3/13 Judge Ireland

3/12 A. K. B. Criminal Sexual Conduct 1st Degree, Kidnapping 62-CR-11-2209 OD 8/1/10 Dismissed Judge Ireland

OD 8/1/10 V was MI person living in group home says she was knocked down dragged into bushes and raped story sounded like it was made up she says she has been V of rape 3-4 times in her life BF a J.B. was skeptical of her story told cops she had been lying to him since he met her cops looked through her cell phone that night found call to a T.M. for 5 minutes shortly after alleged rape V taken to hospital rape kit down BCA found male DNA nationwide search of DNA began def’s DNA matched the DNA found in V he was interviewed in Florida 1/11 he was shown a picture of V denied ever seeing her or knowing her at all ( he did not recognize her until shown other photos) he was charged 3/11 extradited back to St Paul 10/11 he appeared in court 10/31/11 demanded a speedy trial 11/14/11 trial date was set for 1/12.  He did have a plan through T-Mobile an investigation request was done late 11/11 which began with search for Mr. B’s phone records. We found a call and texts between the alleged V and Mr. B on the date in question. The story told by the alleged about stranger rape were false. Case was dismissed. Judge Ireland

5/18/12 D. Y. Assault 2nd Degree 62-CR-12-1796, 12F0017718 Jury Trial Not Guilty Judge Monahan

5/29/12 B. P. 62-CR-12-133, 12F0001163 Criminal Sexual Conduct, Kidnapping

2 week trial def found Not Guilty  CSC1 guilty of Kidnapping safe release level 6 felony sentence 180 months on level 6 kidnap triple upward departure based on third violent felony threat to public safety. Judge Monahan

11/26/12 T. M. 62-CR-12-7460, 12F0160646 Jury Trial Stalking, Terroristic Threats Gross Misdemeanor Order for Protection, Criminal Damage to Property Guilty to Terroristic Threats, and OFP Not Guilty of Stalking, Criminal Damage to Property. Judge Castro

1/22/13 D. W. 62-CR-12-9008, 12F0218156 Jury Trial Felony Domestic Assault Not Guilty. Judge Castro

1/31/13 J. H. 62-CR-12-7316, 12F0159278 Jury Trial Domestic Assault by Strangulation, Felony Domestic Assault. Def found Not Guilty Count 1 Domestic Assault by Strangulation, Hung jury Felony Domestic Assault/ Felony Domestic Assault count dismissed 3/12 no retrial. Judge Castro

2/11/13 D.D.M. 62-CR-12-7493, 12P0160772 Jury Trial Criminal Sexual Conduct 1st Degree, Criminal Sexual Conduct 3rd Degree , Domestic Assault, 911 Interference def found Not Guilty CSC 1, CSC 3, CSC 4, CSC 5, and GM 911 Interference, def found guilty of Gross Misdemeanor Domestic Assault. Judge Castro

11/5/13 J. L.R. O. 62-CR-13-4252 Felony Domestic Assault Jury Trial Guilty Judge Bartscher. Interpreted trial ICE consequences

11/12/13 R. H. C. 62-CR-13-6406 Jury Trial Felony Domestic Assault False Imprisonment Guilty Felony Domestic Assault Not Guilty False Imprisonment appeal denied Judge Bartscher

5/27/14 Y. B. Criminal Sexual Conduct  Trial to the Court Guilty Judge Bartscher

5/29/14 D. L.H. 62-CR-13-84, 13F010823.1Possession of a Firearm by an Ineligible PersoDef found Guilty by jury 5/30/14 def sentenced to 60 months prison 7/17/14 State v. Haywood 886 N.W.2d 485 (Minn. 2016) 10/19/16 case reversed BB gun not a firearm Judge Diamond

11/21/14 T. McC. 62-CR-13-7876, 14F0133108 Jury Trial Theft from a person (aiding and abetting), Conspiracy to commit Financial Transaction Fraud, Falsely Reporting a Crime 11/25/14 def guilty on all counts  Judge Alshouse

12/1/14 S.Y. 62-CR-14-5862, 14F0194670 Domestic Assault by Strangulation, Misd. DA 12/4/14 def found Not Guilty on both counts. Judge Bartscher

1/16/15 S. L.B. 62-CR-14-3873 14F0156456 Felony Domestic Assault Trial to the Court found Guilty by Judge Nathanson

1/20/15 R. A. aka R. W.62-CR-14-5177 14F0174265 Possession of a Firearm by an Ineligible Person Jury Trial Hung Jury 1/20/15 mistrial declared 1/30/15 appeared for re-trial def offered dispo departure released from jail. Judge Bartscher

9/14/15 T Y. Felony Domestic Assault, Terroristic Threats 62-CR-15-4629, 15F0065754 Jury Trial Guilty Judge Alshouse

11/23/15 J. D. B. 2 counts Agg Robb 1 Count Attempted Agg Robb 62-CR-15-6203, 15P0085929 Jury Trial Not Guilty on all counts almost a Week long trial  Judge Bryan

12/30/15 W. C. W. Failure to Register 62-CR-15-6080, 15F0105648 Trial to The Court. Judge Castro

2/1/16 Z. T. D. 62-CR-15-8982, 15P0124933 (Not a Trial)

Case dismissed on the day of trial after crazy development where we found a witness (security guard) the police interviewed and for want of a better word suppressed the content of her statement where she told them the alleged V had shot at the perps 4-5 X left came back and it may have been a different person who came back.. Judge Bartscher

2/22/16 R.K. M. Assault 2, Felony Domestic Assault Jury Trial 62-CR-15-9392, 15F0131234. Judge Castro

7/11/16 F. T. N. 62-CR-15-8189, 15F0112860 Jury Trial Guilty Att murder 2 with Intent, Assault First Degree, Assault Second Degree Judge Castro

8/1/16 J.J.W. 62-CR-15-9392, 15H0134978 Jury Trial 2 counts Murder 1st Degree, 1 Count Att. Murder First degree Guilty. 2 week trial def convicted of 2 counts Murder 1 and 1 count Att Murder 2. Judge Bastian. Sentence 2 C/S life sentences plus c/s time on the Att. murder count affirmed on appeal by the MN Supreme Court 3/18

12/5/16 A.V. G. 62-CR-16-6556, 16F0103674 Jury Trial 1st Degree Burglary Not Guilty. Def found Not Guilty by a jury of 1st degree Burglary and lesser included offense of misd trespass 2 day trial def in custody since OD 9/12 demanded ST on 10/12 went to trial on 12/6/16 found NG on 12/8/16 no fuss no muss Judge Kyle

12/13/16 S.A. M. 62-CR-16-5179, 16F0104184, 3 Counts Felony OFP/DANCO (three different orders) 1 Count 4 Fleeing Police In a Motor Vehicle. Def was found guilty of count 1; Not Guilty of counts 2,3,4 by the jury. Pros went without V by choice no Crawford issues 911 call ID’s def and V def ID’d by cop at the scene  Judge Kyle

6/19/17A.A S. 62-CR-17-2078, 17F0033216, 6 counts Possession of Firearms and Ammunition by an ineligible Person (counts 1,2,4,5)  Possession of Stolen Firearms and Receiving Stolen Property (counts 1, 3) Judge Kyle. Mr. S. was found guilty of counts 1,2,3, 6 and not guilty of counts 4, 5. The trial was based on a burglary that happened and the effort to move the stuff stolen Mr. S busted with a gun stolen in the burglary and a backpack full of things stolen in the burglary. A search warrant at the place he just left on Hoyt (655) revealed a treasure trove of guns stolen in the same burglary and another gun a Zoracki 9 MM and ammo for that guns, the Zoracki and the ammo were counts 4 and 5 that Mr. S was found Not Guilty. He received a 60 month sentence to prison. Mr. S plead to his other case (Terr Threats, Assault 2, gun) by way of an Alford plea he plead to Terroristic Threats he received a concurrent 27 month sentence to prison to the 60 months above.

7/10/17 P.C. X. 62-CR-17-1995, 17P0031588 Jury Trial 1 count CSC 1st Degree Guilty. Case on appeal Judge Kyle

11/06/17 C. D. 62-CR-17-1310, 17P0033644 Jury Trial Assault 1st Degree, Assault 3rd Degree. CD convicted of misd. Assault 5 not Guilty of Assault 1st Degree and Assault 3rd Degree Judge Kyle

4/3/18 B.F.M. 62-CR-17-3686, 17G0059577 CSC 5th Degree Jury Trial Guilty. Judge Kyle