“The Appeals Court did exactly as it should have done as the evidence of Ms. Attebury’s prior LEGAL sex acts with former students – who were ages 18 and over – should have never been allowed into evidence over the objections and motions to exclude made by the defense. This is vindication for my client Carlie, even though she has to live with the scars of this travesty of justice” emphasized David R. Cohn.
Carlie Rose Attebury, an Orange County teacher, was arrested and charged back in 2011 for engaging in unlawful sexual intercourse with a minor, oral copulation of a minor and sexual penetration of a minor by a foreign object. The minor in this case was one of her high school students. David Cohn represented Ms. Attebury at trial. During trial, David Cohn objected to the admission of evidence related to Ms. Attebury’s prior sexual conduct with other former students. It was alleged that Ms. Attebury had engaged in sexual intercourse with former students who were ages 18 and over. As such, sexual intercourse with these students was entirely legal. Attorney Cohn argued that sexual intercourse with her former students, ages 18 and over, was legal, and admitting such evidence greatly prejudiced Ms. Attebury’s case. Over David Cohn’s objections, the trial judge admitted the evidence.
Subsequently, the jury found Carlie Attebury guilty of one count of unlawful intercourse with a minor, two counts of oral copulation of a minor, and one count of sexual penetration of a minor by a foreign object. The case then was appealed, and the Court of Appeal found in favor of Ms. Attebury and reversed her conviction. The Court of Appeal argued that admitting evidence of Ms. Attebury’s legal conduct, sexual intercourse with consenting adults, was extremely prejudicial as it suggested she was sexually promiscuous and enjoyed sex with teenagers of all ages. Clearly, the Court of Appeal was not convinced that evidence of engaging in legal conduct could tend to prove Ms. Attebury’s intent to commit illegal acts. Attorney David Cohn’s persistence in objecting to such prejudicial evidence was instrumental in getting Ms. Attebury’s unfair conviction overturned.
At Wallin & Klarich, we never lose sight of our law firm’s fundamental commitment to do all we can to help people who are facing legal problems. We believe that every person is entitled to the highest quality legal defense when they are facing the loss of their freedom. Wallin & Klarich has over 30 years of experience helping clients facing all types of criminal and family legal matters in Orange, Los Angeles, Riverside, San Bernardino, and Ventura Counties. Please visit our website at http://www.wklaw.com.