ELIZABETH GABA             A T T O R N E Y   A T   L A W      1 2 3 1   EAST BROAD STREET          COLUMBUS, OHIO 43205      PHONE (6 1 4)    5 8 6 - 1 5 8 6           FAX (6 1 4)    5 8 6 - 0 0 6 4

           TRIAL ATTORNEY ELIZABETH GABA has the philosophy that no case should be considered hopeless.  She believes that no case should be looked upon as being so terrible that nothing can be done.  SHE BELIEVES THAT EVERY CASE SHOULD BE CONSIDERED AS BEING WORKABLE AND WINABLE.  

        Attorney Gaba believes that with enough research, analysis, energy, and review of the fact pattern, a small minor fact may be found, and an overlooked detail may be discovered.  Such seemingly small fact and tiny  detail may lead to a sufficient  inference of reasonable doubt.  Attorney Gaba believes that if the concept of innocence by reason of the  existence of legal reasonable doubt cannot be conveyed to every member of a jury, it ought to be successfully delivered to at least one member of a jury who will believe in it and cling to it. 

        Through practical experience, trial Attorney Gaba has determined that there are two broad categories by which an accused defendant may have a successful outcome for his case.

     A.  By submitting dozens of pretrial motions, cross-examining the prosecution’s witnesses until they are almost numb, giving heart-rendering opening argument and impassioned closing argument, a criminal case may be won.  There is no guarantee - but hard work always is it own reward.  

     B. A criminal defendant may win his case by the prosecutor losing his side of the case caused by unforeseen events!

U N F O R E S E E N   E V E N T S    

         Unexpected events, which affect a prosecutor’s side of a criminal case, are never controlled by the defendant or his attorney and are 19 out of 20 occasions not to be envisionrd or foreseen by the prosecutor himself.  A few examples of unforeseen events that benefit the defendant are listed below:

     1. The confidential informant (who made one or more “controlled drug buys”) is convicted himself and sent to prison on an unrelated “drug activity”.  He is unavailable to testify at the time of trial.  If he can be transported, at the last minute to the trial, his credibility is tremendously diminished.

     2. One or more of the prosecution’s witnesses has been deported out of the United States by an agency of  the U.S. Federal Government.

     3. The prosecutor’s office has hired a new secretary who has failed to send out subpoenas in a timely fashion.  Many or all of the prosecutor’s witnesses fail to attend the trial.

     4. The state agency (testing laboratory) that ran the analytical drug test on the suspected cocaine/heroine/crystal meth has lost its certification/accreditation.  The judge will not let the laboratory technician who ran the test testify in the case. 

     5. The police property room has mis-labeled physical evidence in their possession.  The evidence is not available at the time of trial.  Example:  Crack cocaine seized from Mr. James Douglas is mis-labeled as belonging to Mr. Douglas James. 

     6. A police officer/detective is ordered by his superior to take his vacation time (so that it will not be forfeited).  The police officer/detective at the time of trial cannot be contacted because he is out of the state/country.

     7.  A prosecution witness materially and substantially changes his story or recants (denies his earlier statement).   The witness is a paid professional police informant.  He mistakes the details of one case and places them into the circumstances of a different case.  

     8.  A police department has arrested and charged another person, other than the defendant, with committing the crime for which the defendant is about to stand trial.   

     9. The prosecutor’s office, after providing the defense attorney with all “discoverable” evidence known up to that time, obtains new and further evidence.  This new and additional evidence is not disclosed to the defense attorney.  

     10. The victim of a felony receives a very good job offer outside Ohio.  He accepts the new job and leaves the State of Ohio.  He never tells the police or prosecutor’s office of his new address.  He cannot be located at the time of trial.  

     11. The prosecutor’s most prominent witness admits on the witness stand that he has been “involuntarily” hospitalized and placed in a mental facility on numerous occasions.  He tells the court that he hallucinates and is unable to tell reality from fantasy.

     There are many more examples than can be listed here.