Feldesman Tucker Defense Team Wins Dismissal of 1,480 Counts in Prosecution of Local Developer

Cary M. Feldman successfully defended a local developer in D.C. Superior Court, resulting in the dismissal of a criminal Information charging 1,480 counts for alleged D.C. Building Code violations.
 
The charges were originally filed in D.C. Superior Court in January 2005 by the D.C. Office of Attorney General and alleged that the developer had violated sections of the D.C. Building Code by demolishing and constructing his personal residence without the proper permits and by working in violation of a Department of Consumer and Regulatory Affairs Stop Work Order that temporarily had been placed on the same property. 
 
Feldman aggressively litigated the case and filed multiple motions attacking the charges on a number of procedural and substantive grounds, including that the charges were grossly multiplicitous and otherwise baseless.  They also filed papers vigorously urging the court to reject the Government’s effort to exclude defense testimony showing that the developer did not have the requisite criminal intent to commit some of the alleged violations.
 
At the motions hearing, the Government announced to the court that it wished to concede the multiplicity motion and to voluntarily dismiss close to 800 counts.  Following oral argument, the Honorable John R. Hess sided with the defense and threw out all but three of the remaining counts.  Judge Hess also agreed with the defense and denied the Government’s application to exclude “intent testimony” at trial.  In light of these rulings, the Government subsequently filed a nolle prosequi dismissing the remaining three counts in lieu of proceeding to trial.
 
The Government, still being urged on by a few noisy and politically well placed neighbors, recently has taken steps to re-bring some of the charges, which will prompt another round of motions.  Stay tuned.