In 2014, Attorney Kerry Armstrong was able to secure the dismissal of child
molestation charges against a client. Now, after the Navy prosecuted the
client for the same offenses, The Law Offices of Kerry L. Armstrong, APLC,
is proud to announce that Attorney Armstrong has won an acquittal for
In 2012, the client, a diver corpsman with 17 years of experience with
the Navy, was arrested for the alleged molestation of his niece. He was
charged with three counts of molestation. In the 2014 Vista trial that
followed, the judge also allowed testimony (under Evidence Code 1108)
the from the alleged victim's sister that asserted that the client
had also tried to sodomize her in a separate incident.
The jurors hung the trial 9-3 for not-guilty, and when another trial was
scheduled, it was discovered that two jurors in the original case had
concealed the fact that people close to them in their lives had been molested.
The district attorney then dropped the molestation charges against our client.
The Navy Trial
The first case result, however, did not prevent the United States Navy
from pressing their own charges against the client: two counts of child
molestation and one count of fleeing apprehension. The client faced a
potential 35-year prison sentence in military prison for the molestation
allegations and one year for the fleeing allegation. This time, Lieutenant
Commander Chad Temple represented the client, but Attorney Armstrong was
also brought on board to defend the client again, as well. Specifically,
Attorney Armstrong was tasked with cross-examining the witnesses claiming
the molestation, doing the opening statement, and providing closing arguments.
Again, Attorney Armstrong expertly handled the cross-examinations and even
put Attorney Dicks on the stand, who co-defended the client in the state
case. Just like in the state trial, Attorney Armstrong also admitted an
entire couch as an exhibit for the jury. Demonstrating the couch recline
limits, Attorney Armstrong refuted the alleged victim's testimony
on the specific logistics of the alleged molestation.
In the end, Attorney Armstrong's work was compelling: after three days
of testimony and only two hours of deliberations, the jury came back with
two not-guilty verdicts for the molestation charges. The jury did find
the client guilty for the fleeing charge, but at his sentencing hearing,
he was punished very lightly with a brief base restriction and reduced
in rank by one level.
Congratulations to the Attorney Kerry Armstrong for yet another favorable
case result for his client—this one demonstrating the diligence
and tenacity that is sometimes needed to ensure that justice is served.
If you are facing a serious criminal allegation, then we invite you to
contact us at
The Law Offices of Kerry L. Armstrong, APLC today. Our team of skilled San Diego criminal defense lawyers has built
our reputation for providing tough, thorough, and effective counsel—even
in the face of the most of the serious of charges.
Want to explore your defense options with a proven advocate? Contact us at