Douglas N. Peters – Criminal Defense Notable Cases:
Murder / Homicide / Aggravated Assault
Summaries of charges, defenses, and outcomes for clients prosecuted in counties throughout Georgia and the Southeast.
Charges Dismissed Before Warrant Issued
State v. John Doe (2014)
Defense Counsel:
Charges: Rape, Aggravated Assault with the Intent to Rape, Sexual Battery, False Imprisonment
Prosecution's Case:
The defendant, a university student, sexually assaulted five women: two girls were violently raped and three girls were groped on their breasts and vaginas. Defendant was facing a mandatory term of 25 years in prison, up to Life, and a lifetime on the Sex Offender Registry if he ever got out of prison.
Defense and Outcome:
The defendant adamantly denied to defense counsel that he forced himself on anyone. The investigation into each girl revealed that several girls had mental issues and were seeking attention. No girl ever reported the defendant for violent or assaultive behavior until they were publicly asked by police. One alleged rape victim used the false allegation to heel her fractured relationship with her boyfriend because she had cheated on him with the defendant. The other alleged rape victim who stated the defendant raped her 11 times was a lesbian who was “trying” intercourse with the defendant. She was angry about their break up and jealous. Psychological testing revealed the defendant was not a dangerous sexual predator or into sexual violence. After 4 months of intensive investigation and testing, defense counsel met with the chief of police. He chose not to arrest the defendant and closed his investigation. The University suspended but did not expel the defendant.
Charges Dismissed After Warrant Issued
State v. John Doe: (2013)
Defense Counsel:
Charges: Aggravated Assault With Intent to Rape
Prosecution's Case:
The defendant assaulted a woman by tackling her to the ground, punching her in the face, and threatening to rape her.
Defense and Outcome:
Following Defense Counsel’s investigation of facts, working with medical experts, preparation of case for trial, and presentation of evidence to the District Attorney, the District Attorney agreed in presentation of case to Grand Jury to include evidence from defendant's investigation. The Grand Jury dismissed all charges against the defendant.
State v. John Doe (2009)
Defense Counsel:
Charges: Aggravated Assault
Prosecution's Case:
A corporate executive, husband, and father of two high school girls threatened and assaulted a teenage boy with a baseball bat for slandering his daughter’s sexual reputation.
Defense and Outcome:
An intense, round-the-clock investigation stopped an indictment by proving to the state that the alleged victim in the case was not only a drug user and dealer, but a liar who was exaggerating the "talk" the defendant had with him about calling the defendant’s daughter a whore. Other eye witnesses confirmed that, although the defendant had a bat with him during the conversation, he never swung it at the alleged victim or threatened him with it. He merely had it with him for protection should the "drug dealing" ex-boyfriend (twice the defendant's size) choose to attack the defendant. The case was never presented to the Grand Jury and the arrest was expunged.
State v. John Doe (1995)
Defense Counsel:
Charges: Aggravated Assault
Prosecution's Case:
The Defendant was an employee at a motorcycle shop in downtown Atlanta and wounded an Atlanta Police Officer during what eye witnesses described as the execution of an innocent person by the Atlanta Police Officer on the sidewalk in front of the shop.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the District Attorney agreed in presentation of case to Grand Jury to include evidence from Defendant's investigation. Grand Jury dismissed charges against Defendant.
Charges Dismissed After Indictment Issued
State v. John Doe: (2013)
Defense Counsel:
Charges: Aggravated Sexual Battery, Aggravated Assault
Prosecution's Case:
The defendant penetrated the anus of another student with a mop handle while in the gymnasium showers.
Defense and Outcome:
Following Defense Counsel’s intensive review of the medical records, consultation with medical experts (a forensic pathologist and a colon-rectal surgeon), and interviews of witnesses, Defense Counsel was able to demonstrate that the mop handle did not penetrate the anus of the other student. The defendant pleaded guilty to misdemeanor assault charges and did not have to register as a sex offender.
Jury Trials - Not Guilty Verdicts
State v. John Doe (2001)
Defense Counsel:
Charges: Felony Murder, Cruelty to Children, Aggravated Child Molestation and Aggravated Sexual Battery, Shaken Baby Syndrome
Prosecution's Case:
The Defendant was a 14 year old boy who was accused of inserting his finger into the vagina of a 23 month old baby he was babysitting and then shaking her to death.
Defense and Outcome:
Two week jury trial, Not Guilty All Counts
State v. Jane and John Doe (1995)
Defense Counsel:
Charges: Vehicular Homicide 2nd Degree
Prosecution's Case:
Eye witnesses claimed that the Defendants ran a red light in downtown Atlanta, collided with a Marta bus, and caused the death of a minor child in the Defendants vehicle.
Defense and Outcome:
Three day jury trial, Not Guilty All Counts.
State v. Dr. Jane Doe (1995)
Defense Counsel:
Charges: Murder
Prosecution's Case:
The Defendant was a prominent neonatologist indicted for the murder of a premature infant baby which she was treating in the intensive care unit at a hospital in Clayton County, Georgia.
Defense and Outcome:
2 1/2 week Jury Trial. Jury deadlocked at 8 to 4 for acquittal. District Attorney then dismissed the indictment and did not retry Defendant. Defendant was represented by Douglas N. Peters and co-counsel Bobby Lee Cook.
State v. John Doe (1989)
Defense Counsel:
Charges: Murder, Felony Murder, Armed Robbery, Theft by Taking
Prosecution's Case:
The Defendant was charged, along with a co-defendant, of assaulting, shooting and killing an elderly man at his home in order to rob him of a large amount of cash. The State sought the death penalty.
Defense and Outcome:
Two week Jury Trial, Not Guilty All Counts
State v. Jane Doe (1983)
Defense Counsel:
Charges: Murder
Prosecution's Case:
The Defendant, a female law enforcement officer for Clayton County police, was charged with shooting (wounding and then executing) her husband.
Defense and Outcome:
1 Week Jury Trial, Not Guilty All Counts
Appellate Reversals
State v. Jane Doe (2006)
Defense Counsel:
Charges: Felony Murder, Shaken Baby Syndrome
Prosecution's Case:
The Defendant was represented by other counsel at her jury trial on allegations that she had shaken to death a six month old baby boy she had been babysitting. The Defendant was sentenced to life in prison.
Defense and Outcome:
Mr. Peters was successful in having the trial judge set aside all guilty verdicts after hearing testimony from seven medical expert witnesses whose testimony indicated the child died from sickle cell disease and not from shaking. Motion for New Trial Granted. Defendant released from prison.
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