The client and her brother were attending a party at the defendant’s house. The brother was drinking all night and became very intoxicated. He was acting aggressively and confrontationally with the party guests. He began arguing with, and assaulting, the defendant. She fled to the kitchen. The brother followed her into the kitchen and continued assaulting her. He eventually pushed her into the corner. She was trapped in her own kitchen. The defendant grabbed a kitchen knife from the counter that was within arm’s reach, and stabbed her brother in the chest, striking his heart. He died from the injury. The police were called and the defendant was arrested.

The defendant initially retained a well-known local criminal defense attorney to represent her for the preliminary hearing. At the conclusion of the hearing, the murder charge was held for court even though several witnesses testified that the defendant acted in self defense when she stabbed her brother. Because the murder charge was held for court, the defendant was denied bail. She remained incarcerated.

The defendant could not afford to retain the private attorney for trial. She was surprised to learn that the fee that she paid for the preliminary hearing did not cover the cost of the trial.

The Office of the Public Defender (OPD) was appointed to represent her. Attorney Sontz was the homicide case manager for the OPD, and he assigned himself to the case because the client was concerned about proceeding with the public defender. Attorney Sontz was a very skilled, experienced, and effective homicide defense attorney and he wanted to make sure that the correct verdict was achieved in this case.

To assuage the client’s doubt, Attorney Sontz explained exactly how the trial would commence, including the order in which the Commonwealth would present its witnesses, how the witnesses would testify based on their previous statements, preliminary hearing testimony, and police reports, and the evidence that the government would present including the 911 call recordings, photographs of the scene, the autopsy report, and the kitchen knife. Attorney Sontz was not able to provide this preview based on his ability to see the future. Rather, Attorney Sontz provided this preview based on his extensive experience and knowledge about how criminal trials proceed, and how prosecutors present their case.

Based on his review of the evidence and the strength of the self-defense case, Attorney Sontz counseled and advised his client to proceed to a non-jury trial.

The case proceeded exactly as Attorney Sontz had explained it would to his client. After the Commonwealth rested its case, the defendant leaned over to Attorney Sontz and said “it all happened exactly as you said it would happen.” The defense then presented its case for self-defense. The defense rested, and the judge took a ten minute recess.

When court resumed, the judge announced the verdict of NOT GUILTY on all charges.