Experience matters. The experience of attorneys Daniel and Philip Greenberg have served their many clients very well. Their prior work as district attorneys has taught them about the tactics of the prosecutors. This background has helped them plan a strategic defense for their clients.
Their track record of zealous advocacy for their clients has contributed to their great reputation. Their clients know that they will conduct a thorough investigation into every case to make sure they are mounting an aggressive defense.
The representation of Greenberg, Greenberg & Kenyon was particularly important for one man earlier this year. In early December, Greenberg, Greenberg & Kenyon won the release of their client, who was charged with murder. The deceased man died in early 2010, 29 years after being assaulted. Despite the defendant serving approximately 12 years in custody for the underlying assault, he was charged with murder by the Orange County District Attorney’s Office.
In 1980, when the assault occurred, a man could not be charged with murder or manslaughter unless the victim died within three years and a day after originally being assaulted. The law was subsequently changed in 1997 to eliminate this time limitation.
By the time the prosecution arrested and charged him with murder, the defendant had been living as law abiding citizen for over fifteen years after having been paroled from prison.
Greenberg, Greenberg & Kenyon objected to the ex post facto application of the amended law. Ex post facto translates to “after the fact”. The U.S. Constitution explicitly bars ex post facto laws, which attempt to punish someone retroactively. In this case, the prosecution was trying to use a subsequent change in the law to punish this man all over again.
Greenberg, Greenberg & Kenyon fought for their client, ultimately petitioning the California Court of Appeals to review this case prior to any trial. The higher court agreed with Greenberg, Greenberg & Kenyon and determined that trying their client for murder, for a death that occurred 29 years after the original assault, was illegal because it violated ex post facto principles. They granted Greenberg, Greenberg & Kenyon’s petition for a writ of prohibition and their client was once again set free.
This case highlights the importance of a strong defense. To contact Daniel Greenberg or Philip Greenberg, please call (951) 274-0003.
