EM was indicted and tried twice for criminal charges arising out of a ballot fraud matter. The first trial resulted in a mistrial. The second trial resulted in an acquittal. EM commenced a civil action against the DA, the special prosecutor, the County, the witnesses who testified against EM as well as AR, a handwriting expert who had been retained by the special prosecutor. The allegations in the 179 page 1000+ paragraph complaint alleged conspiracy on the part of all the defendants in pursuing a criminal conviction.
The Rehfuss Law Firm, known for its expertise in civil rights matters, was retained by AR to defend his interests. After a thorough investigation involving several hundred court exhibits as well as the transcripts from the grand jury and two 10 day trials, a motion to dismiss was filed on AR’s behalf. In a 37 page decision, all claims and causes of action against AR were dismissed, with prejudice on the basis that he had immunity in the preparation of his expert report and testimony he gave to the grand jury and at both trials.