Jay’s family sought Attorney FitzGerald’s assistance because Jay was detained in jail due to having been accused of rape. When the family originally visited attorney FitzGerald, they did not have in their possession a copy of the police report, so attorney FitzGerald requested that the family obtain this from the court, so that he could review it before he would agree to represent Jay. When the family returned with the police report, attorney FitzGerald agreed to take the case.
The police report indicated that the incident occurred in a vehicle while driving through the city of Boston. Attorney FitzGerald thought this was unusual and sought to obtain a statement from the driver in the car. After interviewing the driver, attorney FitzGerald learned that the incident actually had been recorded on video. Attorney FitzGerald was able to obtain a copy of the video and after submitting it to an expert to verify that it was an original and unaltered video, he presented it to the government as it demonstrated that it was a consensual act. Because the crime of rape requires evidence that the act was not consensual, the charges of rape were withdrawn by the government and dismissed by the Superior Court.