Seitles & Litwin successfully overturned Mr. Kitching’s conviction and twenty-two year sentence on appeal. This was a he-said/she-said case, where despite testifying they had consensual sex, Kitchings (the accuser’s uber driver), was found guilty of rape and sentenced to twenty-two years imprisonment. There was no physical evidence to corroborate the accuser’s version of the story. And the accuser had accused another man of raping her in New York a few months earlier, who also maintained his innocence.
On appeal, Ashley Litwin challenged several of the court’s evidentiary rulings. The 4th DCA reversed and ordered a new trial, based on the court’s decision to exclude the defendant’s post arrest statement to the police. The court also noted that the prosecutor made prejudicial misrepresentations during the closing argument and cross-examination. This was a huge victory for Mr. Kitchings and Seitles & Litwin