Client was charged with criminal sexual conduct in the third degree based on the allegations of a complainant who spend the night at his residence. Following Mr. Bartish’s cross examination of the complainant at the preliminary examination, the district court judge held her opinion in abeyance while she reviewed the testimony. While the court was considering its ruling, Mr. Bartish uncovered evidence in another state that the complainant had been charged and convicted of making a prior false allegation of a sexual assault against a family member. Mr. Bartish provided this information to the prosecutor’s office along with other records of reports of other sexual assaults made by the complainant that law enforcement did not discover. Upon receipt of this information, the prosecutor’s office dismissed all charges against Mr. Bartish’s client.
