STATE V. M.G. (MALICIOUS PUNISHMENT OF CHILD, WRIGHT CO. 2014)

The State charged M.G. with Malicious Punishment of a Child under Minnesota Statute 609.377. We defended the case based on a false report against our client, who was the mother's new boyfriend. Among other things, we successfully brought a Paradee motion which convinced the court to look at child protective services records, medical records, and psychological records for the child. The state fought us tooth and nail on the issue, even though all we were asking for was the judge to review the records in private to determine what was relevant for the defense to see. We pressed forward for trial, and just before the trial was set to begin, the state dismissed the charges. There were several factors that contributed to the dismissal, the largest factor being our thorough investigation of the allegations and background matters. While nobody endorses child abuse, it is a crime that can be the result of false allegations and can ruin the life of an innocent person if not defended properly.