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Former 49er wants DV convictions dismissed
November 13, 2013, 05:00 AM By Michelle Durand Daily Journal

Kwame Harris

The domestic violence and assault convictions against former San Francisco 49er Kwame Harris should be dismissed because the statute of limitations has run out on the misdemeanor charges for the 2012 incident, according to his defense.

Kwame Harris, 31, was scheduled for sentencing Tuesday but instead attorneys argued whether the convictions can legally stand. After hearing both sides, Judge Joseph Scott said he need more time to study the issue and set the next appearance for Dec. 20 for either dismissal or sentencing.

Harris faces up to roughly a year in jail plus associated fees and counseling for abusing his ex-boyfriend during a dispute over table manners and underwear at a Menlo Park Chinese food restaurant. The former flame, who was left with broken facial bones, refused to testify and also dropped a civil lawsuit against Harris.

Prosecutors had originally charged Harris with felonies but added the misdemeanor alternatives just before the jury retired to deliberate. After less than full day, jurors Nov. 4 acquitted Harris of the felonies and convicted on misdemeanor counts of domestic violence, assault and battery.

The statute of limitations for a misdemeanor is a year which is the basis of the defense argument but Chief Deputy District Attorney said the jury has the ability to convict on the lesser included charges.

Harris’ defense never disputed he threw punches but claimed it was self-defense after the victim swung first.

At the time of the Aug. 12, 2012, incident, the men were no longer dating but maintained a friendship and Geier stayed with him while traveling here for business. That night, prior to Harris taking Geier to San Jose International Airport, the men dined at a two-person table at Su Hong To Go. Geier poured soy sauce into a container which angered Harris who questioned his lack of table manners. Outside the restaurant, Harris accused Geier of wearing his underwear and reportedly tugged several times at his pants. Geier threw two punches and Harris hit back.

Harris is free on $75,000 bail.

michelle@smdailyjournal.com

(650) 344-5200 ext. 102

 

 

Tags: harris, geier, misdemeanor, defense, table, after,


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