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Notable Cases

Canadian Four Gang Rape Charges Dropped

Our client and his three friends came to Denver from Canada for a Broncos game. The night before the game the four friends went out drinking. During the evening, a young woman they met went back to their hotel room with them. Fast forward three hours: Our client is passed out in his hotel room and the young woman is gone. The foursome go to the Broncos game the next day and then fly back to Canada.

Months later, our client travels from Canada to the United States, completely unaware that the Denver police department, in conjunction with federal agencies, have issued an international arrest warrant. Upon landing, our client was imprisoned and extradited to Denver. He faced six counts of gang rape; each count carried life imprisonment. After a bond hearing, our client's passport was seized and he was placed under house arrest pending his jury trial.

Our client vehemently denied the grotesque allegations and his family chose The Eichner Law Firm to prepare the case for trial. Despite claiming a traumatic assault and implying the use of sedatives and a loss of memory, hotel video security footage showed her sober and composed as she was on her phone talking and texting. The legal team subpoenaed her phone records and used cell tower records to pinpoint her movements. It turned out the alleged victim was not quite ready to call it a night, and hooked up with a man she had met through an online dating site. Only afterwards did she claim the gang rape occurred.

Rather than wait until trial, the legal team took the unusual step of presenting its overwhelming evidence at the preliminary hearing. The defense called the prosecution's state toxicologist to explain that no date rape drugs were used and that the accuser's level of intoxication was extremely low; blackout would not have been possible. DNA evidence showed that our client's DNA was not present anywhere in the room much less on the complaining witness. The defense also called the complaining witness' friend who testified the late-night activities were consensual. The scale of the accusser's lies combined with the defense's phone records and forensic evidence convinced the judge to dismiss four out of the six counts at the end of the two-day preliminary hearing. The DA's case had been decimated, and they quickly dropped the case, ending the horrifying ordeal for our client and his family.

Related Media Coverage

9News, "How 6 brutal rape charges against Colby Messer unravelled in a Denver courtroom"

CTV News, "B.C. man plans to restart life after sex assault charges dropped in Denver"

CBC News, "How 6 brutal rape charges against Colby Messer unravelled in a Denver courtroom"

CTV News, "Vancouver Island man ready to head home after sexual assault charges dropped"

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