STATE V. MENARD
In October, 2009 Gerald Eberhardt was shot and killed by his step son, Scott Mosher. As a result of his death , Scott Mosher, Michelle Eberhardt, Derrick Haase, and Stephanie Menard were charged with conspiracy to commit First (1st) Degree Murder and Murder in the First (1st) Degree.
Arnold Law Firm, LLC represents Stephanie Menard. A Preliminary Hearing was held in December 2009 and all four defendants were held over for trial. The case against Ms. Menard centered on her statement and the statement of the co-defendant Scott Mosher. Litigation ensured about the admissibility of those statement. Arnold Law Firm, LLC filed a Motion Suppress and a Motion in Limine, to prohibit the state from presenting the statements of the co-defendants which the state was attempting to use against Ms. Menard.
On March 12, 2010 the Judge in the case granted our Motion to Suppress and Motion in Limine. The net effect of this ruling left the State without any evidence to continue with charges against Ms. Menard. On March 16, 2010 Arnold Law Firm, LLC filed a Motion to Dismiss.
On March 22, 2010 the State filed their own Motion to Dismiss alleging "based on the Court's ruling to suppress the defendant's statement, the State is unable to proceed with trial and moves to dismiss the instant action without prejudice."
On March 22, 2010, the Court signed the Order of Dismissal, thereby dismissing the case against Arnold Law Firm, LLC client, Stephanie Menard. It was the result of the diligence on the part of the attorneys of Arnold Law Firm, LLC that such a result could be achieved. The result of this case demonstrates that when all the participants in a criminal case do their job well, justice can be achieved.
