Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

Jury Votes 9-3 in Favor of Acquittal in Federal Criminal Prosecution of Fresno Police Officers

March 27, 2013 by Hien Nguyen

A federal criminal prosecution of RLS partner Harry Stern’s police officer client has resulted in a mistrial, with the jury voting 9-3 in favor of acquittal.

The client, Paul Van Dalen, was a Fresno police officer charged by the United States Attorney with assault under color of authority and obstruction of justice. The case resulted from an October 2005 arrest of a domestic violence suspect who evaded pursuing officers by dragging a police K9 over a six-foot barbed wire fence.

The civil rights division of the Department of Justice charged Officer Van Dalen and three of his colleagues some 5 years after their encounter with the suspect.  In essence, the government’s case alleged that Van Dalen and other officers used excessive force to subdue and arrest the alleged victim (who was unavailable for trial), whom the government claimed could not comprehend the English language, and was not purposefully ignoring the officers’ verbal commands.  In response, the defense called the alleged victim’s former girlfriend, who testified that he both spoke and understood English.

The government also claimed reports written by Van Dalen and other defendant officers were the result of collaboration and collusion, and did not accurately report the arrest.

At the conclusion of the case, the jury took little time to announce that it was deadlocked 9-3 in favor of acquitting Van Dalen and the other three defendants.

The Rains Lucia Stern trial team consisted of partner Harry Stern, research attorney Dylan Shaffer, and investigator Robert McFarlane. Sean McCann testified as a use of force expert. The successful defense of Officer Paul Van Dalen is another example of our firm’s position as the state wide leader in complex trial work on behalf of peace officers and other high-profile people.

Disclaimer: Case law and analysis can change over time. The information in this article is accurate as of the date the article was written and should not constitute legal advice. Always consult with an attorney.

Filed Under: Bulletins Tagged With: harry-s-stern, robert-mcfarlane

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.