Representative Cases
Ex-Student at UA Freed From Prison Akron Beacon Journal
Repeated appeals failed until Migdal argued in Federal court that the deleted passage violated Lewis' constitutional right to confront his accuser. Migdal contended the passages showed the woman consented to the sex and screamed 'of reasonable doubt' concerning the rape allegations. The appellate court agreed, ruling that 'the excluded excerpts are evidence of consent and motive.' Lewis was expected to stay with friends and family, and enjoy a meal and a bath. He will return to Michigan.

Technicality Upsets Mother Beacon Journal
... But attorney Migdal said yesterday that Harpster confessed "not because he did it, but because he was trying to avoid a harsh punishment." He said a detective had told Harpster that he might receive a lighter sentence involving counseling and probation if he confessed and that he would be sentenced to life in prison if he was convicted. "I wanted the jury (in Harpster's first trial last month) to hear the circumstances surrounding his statement.

Miscarriage of Justice? Only if the Constitution is a 'technicality' Beacon Journal
...(Judge Beth Whitmore) limited what the defense could say about the confession. It could not talk specifically about the prospect of a life sentence. Prosecutors then asked for a mistrial when Kirk Migdal, the defense attorney, cross-examining the last witness called to testify, mentioned the mandatory nature of the penalty.
Whitemore granted the prosecution request for a mistrial. Migdal then sought relief in federal court, arguing to Judge Bell that his client shouldn't be tried again in state court because the mistrial had been improperly granted...

Jury Watches Breaking Point of Tax Window Beacon Journal
Defense attorney Kirk Migdal had a door from Dossie's cab brought to the Summit County Courthouse to give jurors a live demonstration, but Common Pleas Judge John R. Adams wouldn't allow it for safety reasons.
A video tape of Russell Dossie's cab window being broken is shown to jurors yesterday during Dossie's murder trial.

Attorney Re-enacts Events for Jury Using Suspect's Cab Akron Beacon Journal

The attorney for Akron cabdriver Russell Dossie had Dossie's taxi brought to the Summit County Courthouse yesterday to demonstrate for jurors how the attorney says Dossie was attached by Mark Russell on the night of July 4.
Attorney Kirk Migdal's demonstration came during questioning of Dr. Lisa Kohler, a deputy county medical examiner who did the autopsy on Russell.
The jury then moved to the courthouse parking lot. With Dossie seated in the driver's seat, Migdal bent down and thrust his right arm inside the cab in a punching motion. Russell, Migdal said, had to be turned at an angle, and bent over in order for the bullet to take the path it took once it struck Russell.

Jury Gets 'Road Rage' Case Akron Beacon Journal

The toughest question came from Dossie's own lawyer, Kirk Migdal. "You sat here when Barbara Russell (Mark Russell's widow) testified. You heard that the (Russell) kids saw what happened. How do you feel about that?" Migdal asked.
"Just miserable with my whole life," Dossie said. "I never wanted this to happen. Somehow, I wish th spirit of Christ could bring him back but I know it can't happen. I don't go out looking for trouble." And then Dossie broke down in sobs, unable to get words to come out of his mouth.
Defense attorney Migdal said, "Whether he was allowed to have that gun or not has nothing to do with whether this was self-defense. What did they (the prosecutors) expect him to do? It was dark, he was alone and this madman comes up and - boom - punches in his window."
Migdal said the key question facing jurors is, "was he (Dossie) reasonable, not was he right."

Cabdriver Acquitted Akron Beacon Journal
Russell Dossie cried tears of joy yesterday after being acquitted of murder in a July 4 shooting that Akron police called the city's first homicide attributable to "road rage."
Attorney Migdal said of the jury verdict, "This was a very unusual case. It was a horrible thing and a tragic thing for both families involved."
"I think they (jurors) understood that, but I think they understood what Mr. Dossie had to deal with at that time on that bridge."
"From Day one, the public has been 100 percent on Mr. Dossie's side. I think they put themselves where he was and said, 'What would I do in the same situation?'"

Accused Rapist Gets Vindication Akron Beacon Journal
Nathaniel Lewis did not rape fellow University of Akron freshman Christina Heaslet Beard. It took his accuser's diary, a five-year prison stay and nearly two years of waiting for courts, but Lewis finally read those works Thursday.
Attorney Migdal, who volunteered to help Lewis win his appeal, said the diary was vital in proving his client's innocence. No one knows who mailed the passages to Lewis. "I think any reasonable person who reads the diary can only conclude that this was clearly consensual sex and not rape," Migdal said. "The judge's decision is certainly vindication for Nate."
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Law Office of Kirk A. Migdal
411 Wolf Ledges Parkway
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Akron, OH 44311-1053
The Law Office of Kirk A. Migdal is a criminal defense law firm in Akron, Ohio, that serves clients in Summit County, Wayne County, Portage County, Stark County, Mahoning County, Cuyahoga County, Lorain County and Medina County which includes the cities of Canton, Cleveland, Wooster, Medina, Columbus, Toledo, Wadsworth, Fairlawn, Cuyahoga Falls, Massillon, Tallmadge, Barberton, Kent, Orrville, Youngstown and Ashland in representation within the Northern District of Ohio.