In People v. M.H., the defendant was accused of participating in a gunpoint kidnapping with a co-defendant. The co-defendant admitted his role in the act and received a lengthy prison term. M.H. maintained his innocence and went to trial.
At trial, Mr. DeCarolis called the victim of the kidnapping to the stand as a defense witness to testify that M.H. was not involved in the criminal acts and just happened to be in the wrong place at the wrong time. The jury quickly returned a verdict of NOT GUILTY.