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OUR TRIAL RECORD
Our firm offers an experienced trial attorney who professionally and aggressively represents you, both in and out of Court. One of the best indications of an Attorney's experience and skill is his record at trial. Not all cases lend themselves to public dissemination, and some of our proudest moments cannot be published. However, some of our cases are a matter of public record. We offer the following sampling of Mr. Folsom's trial experience:
CRIMINAL LAW & MILITARY JUSTICE
January 2008 - NOT GULTY STATE vs. "A.C. a/k/a C.A.", Criminal Action
No: 18494, Superior Court of Gordon County (Georgia)
Client charged with Aggravated Sodomy and Sexual Battery. Prior to hiring Mr. Folsom, the client was jailed without the benefit of bond. After a contested hearing, Mr. Folsom successfully obtained a reasonable bond and client was released pending trial. A two day jury trial was had several months later. The defense did not put on any evidence or witnesses; rather, the defense case consisted of Mr. Folsom's cross-examination of the police officers, medical personnel and the alleged victim. After Mr. Folsom's closing argument, the jury returned a unanimous verdict of "NOT GUILTY" after deliberating less than fifteen minutes.
April 2000 - Charges DISMISSED U.S. vs TSgt Chalmers Addison, Court Martial,
Barksdale AFB, Louisiana
Client (B-52 crew chief) charged with illegal use of marijuana, based upon a "positive" urinalysis. Defense investigation instigated by Mr. Folsom uncovered major and systemic problems plaguing the Air Force Drug Lab at Brooks AFB, Texas. These problems included deliberate alteration and destruction of evidence. The defense enlisted the aid of the press, including The San Antonio Express News, who launched its own investigation into the lab. After three days of Court and numerous motions (including an unsuccessful government motion to seal lab records from the press), the Air Force elected to DISMISS the case. The civilian supervisor of the lab was subsequently removed from his post.
October 1996 - NOT GUILTY U.S. vs. Senior Airman "TM", Court Martial,
Barksdale AFB, Louisiana
Active duty Air Force member charged with numerous acts of adultery and sodomy, with two teenaged girls. At all times relevant to the allegations, the client maintained legal custody over one of the alleged "victims". The client hired Mr. Folsom as civilian defense counsel. On Mr. Folsom's advice, the client elected a trial before members (i.e., a jury). During the three day trial, the Government put on numerous witnesses, including both of the alleged victims. Under vigorous cross-examination by Mr. Folsom, one of the alleged victims admitted to lying to Government investigators. The members returned a verdict of "NOT GUILTY" on all charges.
June 1995 - NOT GUILTY U.S. vs. TSgt "G", Court Martial,
Barksdale AFB, Louisiana
Active duty Air Force member charged with indecent acts, adultery and sodomy. In summary, the client was charged with sleeping with and sodomizing his teenaged stepdaughter. The client hired Mr. Folsom as civilian defense counsel. Acting on Mr. Folsom's advice, the client elected to proceed before a Court with members (i.e., a jury). After a two day jury trial, the Court members deliberated for less than an hour before returning a verdict of "NOT GUILTY" on all charges.
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FAMILY LAW & DIVORCE LAW
Because of the nature of divorce, custody and support cases, we will not publish many of our results. The following matters are public record and some have been the subject of press reports:
Spring/Summer 2005 State vs. "M", 26th J.D.C.,
Bossier Parish, Louisiana
The mother and father (an active duty Air Force member) divorced. As part of the divorce, they agreed on the amount of child support. The Court approved the parties' agreement and entered a Consent Judgment. A few months later, the mother requested an upward modification of child support through the State's Child Support Enforcement Agency. The State brought the modification action against the Air Force member. The active duty member then hired Mr. Folsom. The State applied the "Income Sharing" child support law, similar to the child support law recently adopted in Georgia. Mr. Folsom opposed the State's modification action before the Administrative Law Judge, showing that: (1) The mother did not receive Federal or State aid as required by law in such actions; (2) the State should be bound by the recent Consent Judgment between the mother and the client, since the State failed to allege any "charge of circumstances" which would support a modification; and (3) the State and the mother failed to comply with Mr. Folsom's proper discovery requests for complete financial information for the mother, as required by the child support law. The Administrative Law Judge sustained Mr. Folsom's objection. The State appealed to the District Court. After a contested hearing, the District Court similarly found in favor of Mr. Folsom's client. The State then appealed (twice, no less) to the Second Circuit Court of Appeals in Louisiana. The Appeals Court denied both appeals in short order.
1999 "K.W." vs. John Stephens, 26th J.D.C.,
Bossier Parish, Louisiana
The mother of the child, an Atlanta resident, brought a Contempt Action against Mr. Stephens, a Louisiana resident, for failure to pay child support. Mr. Foilsom was retained as the client's trial attorney in Louisiana, as the client's attorney in Atlanta was not admitted to practice in Louisiana Courts. Mr. Stephens was a former Pro Bowl NFL Offensive Rookie of the Year (New England Patriots, 1988), who later played for the Kansas City Chiefs, where he injured his shoulder. At trial, Mr. Stephens claimed that his shoulder injury prevented him from working and paying child support. The Court rejected Mr. Stephen's contentions and found him to be in Contempt of Court. The Court ordered Mr. Stephens to jail at the conclusion of the hearing, ordering that he could be released once he "purged" himself of his contempt by payment of the substantial child support arrearages.
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