On March 6, 2012, Kirby Hunter was acquitted of the charge of forcible rape in Section “F” of the Orleans Parish Criminal Court. The jury took approximately one hour to deliberate before returning a unanimous verdict of not guilty. Mr. Hunter r
emained incarcerated for 15 months while awaiting trial. In closing argument his defense attorney Martin E. Regan, Jr. argued that the complaining witness’ factual version of the events told to the jury constituting the rape were inconsistent with the version of the facts given by her to the examining physician shortly after the alleged rape. Regan further pointed out that the objective medical findings regarding the allegation of rape did not support the complaining witness’ version of the facts.
In closing argument Regan stated that the false complaint against Mr. Hunter was motivated by the young women’s desire to avoid the severe corporal punishment at the hands of her family for her misconduct at school just minutes before the report of rape. The trial testimony established that her rape complaint was not made until shortly after she was suspended from school for hitting a fellow student with a chair and thereafter driven home by her mother to face momma’s disciplinary measures.
Regan pointed out that the medical records created at the time of the rape examination revealed multiple signs of previous scarring, bruising and contusions on this young women’s back, legs and arms. These brutal injuries were not only observed, but documented and preserved by photography by the examining physician at the Audrey Hepburn Care Center at Children’s Hospital of New Orleans. The State stipulated in the presence of the jury that these documented injuries had nothing to do with the allegation of rape made against Mr. Hunter.
Hunter said to his attorney after the jury’s verdict that “no one can give me back the 15 months of freedom I’ve lost due to this lie made up solely to avoid another brutal beating by her mom for her misconduct at school.” Hunter when on to say that: “something can and must be done to protect her from further physical abuse by her mother. The photographs of the child’s injuries are there in the evidence at my trial,” the child told the examining doctor at Children’s Hospital that her mother caused the injuries with a belt and broom stick. When the mother was confronted by the doctor she confessed to having done it. Hunter’s last question asked of Regan before leaving the courtroom after his acquittal was, “What will it take for the N.O.P.D. or the D.A.’s Office to do the decent thing and protect this child.”
Kirby Hunter is happily reunited with his family after being in jail for over a year.
About Martin E. Regan, Jr.
Year after year, Martin E. Regan Jr., the firm’s senior partner, has dedicated tireless efforts on behalf of the accused and produce wins for clients that a less determined advocate would have thought hopeless. Martin E. Regan Jr.’s ability to tackle and win tough criminal cases has resulted in verdicts of acquittal in many highly publicized trials.