Prosecutors, defense attorneys and a state Supreme Court justice were criticized by Eastern District Judge Nicholas Garaufis who yesterday ordered the release of a man who had spent 23 years in prison for a murder he didn't commit.
"The case of William Lopez was rotten from day one," wrote Garaufis as he granted a petition for a writ of habeas corpus in Lopez v. Miller, 02-CV-3988.
Garaufis said Lopez was the victim of wrongdoing and he should be "released with the State's apology."
"This wrongdoing has ranged from an overzealous and deceitful trial prosecutor; to a series of indolent and ill-prepared defense attorneys; to a bewildering jury verdict; and to the incomprehensible" trial judge, Justice Carolyn Demarest, "who so regrettably failed time and time again to give meaningful consideration to the host of powerful arguments Lopez presented to her."
Prosecutors had charged that Lopez was one of two men who committed the murder/robbery of drug dealer Elvirn Surria on Aug. 31, 1989, in a Brooklyn crackhouse on Brighton Fifth Street. Lopez was convicted of second-degree murder and sentenced to 25 years to life in prison.
But one witness, Janet Chapman, conceded she was binging on crack leading up to the shooting. Post-trial, Chapman submitted an affidavit saying her trial testimony was "pure fabrication" and "I must also reveal that the district attorney told me never to tell anyone that we cut a deal about my testimony in exchange for my freedom. Even when I took the stand at trial, I lied about the deal and testified that no promises had been made to me."
Chapman, however, disappeared before Lopez's brother, Eugene, could get the affidavit notarized.
A second trial witness, a woman who worked in the crackhouse, couldn't identify Lopez in the courtroom and testified that the shooter was "tall, dark and Hispanic" about the same height as Lopez's counsel, William Lupo, who was six-foot-three. Lopez is five-foot-seven and is white or light-skinned.
"In short, the prosecution witness who was sober, face-to-face with the shooter, and had no motive to lie did not recognize Lopez when she saw him and described a perpetrator with physical characteristics bearing no resemblance to him," Garaufis said. "The other witness had been awake for two days straight, had smoked ten to twelve vials of crack in the two hours prior to the shooting, claimed to have seen everything while peeking through a partially ajar door in a different room, and provided inconsistent accounts of what she saw."
"This case was a toss-up at best," he said. "In short, the prosecution's evidence was flimsy to begin with and has since been reduced to rubble by facts arising after trial."
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Robert J. Feldman
Has ADA Tess Allen been reported to the Disciplinary Committee?
Has Justice Demarest been reported to the Committee on Judicial misconduct?
When is the Brooklyn DA's office going to stop being the worst office in NYC?
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Ike Aruti, Esq.
It must be snowing in hell.
Bravo to Mr. Hamblett and Judge Garaufis for reporting and speaking out
regarding how our system can destroy the life of an innocent person in a case
which was "Rotton From Day One." It is a rare opportunity to evaluate the
integrity of our government and public officials whose reputations are entitled
to more protections than the People (you and me.)
An unconscionable failure of our justice system having now come to light, the
real question is: What are we going to do about it?
I don't think anybody expects our system to be perfect, but will it do the
responsible thing to address the harm it has caused, and take concrete measures
to prevent recurring failures of this kind? The State's Apology is insufficient, even if the defendant is not a model citizen.
Will the "overzealous and deceitful trial prosecutor" remain licensed to
practice in NY? What about Judge Demarest?
Will there be any investigation of how such prejudicial behavior and bad faith
can exist in the District Attorney's office?
Will section 487 of the Judiciary Law be applied?
What about conspiracy and perjury laws?
Was there any comment from Attorney General Eric Schneiderman? Chief Judge
Lippman?
What actions will be taken by the Commission on Judicial Conduct and the
Attorney Disciplinary/Grievance Committee? Have there been prior reports of
bad faith conduct by these individuals and agencies?
Also, why did multiple Justices in the AD 2d Dept. fail to recognize a case so
obviously "Rotten From Day One, and an unreasonable, incomprehensible Judge?"
Are they not charged with sufficient insight to see past differences in the
abilities of opposing attorneys, identify flimsy evidence used to falsely
imprison a person, and rule in a manner that promotes justice?
Since these agencies operate in secrecy, we rely on reports from courageous
individuals, such as Mr. Hamblett and Judge Garaufis to keep the People
informed. Eternal vigilence, the price of freedom, can never be achieved
without transparency.
I eagerly await your follow up reports....
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Glenn
One thing I don't understand is how the defense attorneys could be "indolent and ill-prepared" yet make "powerful arguments" to the trial judge.
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Michael
Wow. And I thought Judge George LoPresto, Queens Criminal, was kidding when he told me, on the record "Guilt or innocence doesn't matter". Used to be a time, when a prosecutor who instructed a witness to lie on the stand, WOULD BE PROSECUTED THEMSELVES. Wonder why that changed.......
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Sid
One poor soul wins after most of his active life is gone. The prosecutor and judge shrug. No one will ever punish the. And, of course, untold numbers of potential innocents continue to be prosecuted by those who lack a shred of honor.
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