James Lassart, an attorney of Gurbaksh Chahal, argued:

• Gurbaksh Chahal’s constitutional rights had been violated because he was not allowed to face his accuser
• A video of the first incident, captured from CCTV in Chahal’s bedroom that was originally deemed inadmissible in court because it was allegedly illegally seized by police.
• These seized VIDEOS shown to Brown during the sentencing, thereby further violating Chahal’s constitutional rights.

Chahal's attorney, James Lassart, said in court that his client was denied his right to question the woman during his probation revocation hearing when she failed to attend the proceeding.
"In this instance, the constitution requires that my client be allowed to confront his accuser," Lassart said.

• During the sentencing hearing, the defense took issue with the fact that the second assault victim had not appeared in court to testify.
• The woman, who returned to South Korea, cited privacy and intimidation concerns.
• But Chahal's lawyer James Lassart said the woman had a public Instagram account and was therefore not concerned with privacy. ..... reported by money.cnn.com/2016/08

"A man's liberty may be taken away and a witness never appeared," said Lassart.
The defense also asked the court to take into consideration Chahal's various charitable activities and his deteriorating health due to a recent diagnosis of a "functional neurological disorder."

Moepulou Alaiasa, who was present in the apartment on the night of the alleged attack, presented a portrait of the incident that was at odds with evidence presented by prosecutors.
Alaiasa testified that

• The victim drank a large quantity of tequila in the apartment before retiring to the bedroom with Chahal.
• The victim  then charged into his bedroom later that night, shouting and cursing at him, demanding to know where the condoms were, he said.
• Alaiasa said he then followed her back into Chahal’s bedroom, where he saw Chahal lying in the bed. Chahal then told him to escort her out, and she gathered her things and left with him.
• Alaiasa denied ever seeing the victim use her phone during the incident, but said she told him that Chahal had kicked her and later sent him a picture of bruises on her leg.
• He testified that when he checked on her again later that day she did not have any new bruises she had not had previously and was behaving like she was “happy.”
• She and Chahal spent at least one more evening together after that and they behaved “normally,” Alaiasa testified.

• Defense attorney James Lassart presented witnesses who testified that she was engaged in a sham marriage for immigration purposes ..... reported by Sanfrancisco.cbslocal.com/2016/05/18.
• and described her as drinking heavily on the night in question.

.In an Effort to Discredit the Victim:

• The victim who was engaged in a sham marriage for immigration purposes told him that she had paid a man to marry her so that she could obtain a visa and was subsequently struggling to obtain a divorce.
• “It shows her fraudulent conduct, it goes to her credibility,” Lassart said in response to prosecution objections to the testimony. ....
• Lassart maintained that the victim’s absence was due to her fear of consequences for her green card marriage, while prosecutors have said it is due to fear of Chahal...... reported by Sanfrancisco.cbslocal.com/2016/05/18.
• Barbaro also described an incident in which the alleged victim had argued with his wife while drunk and then said she had no recollection of it the next day.