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Home > Claims Against City Advance in Wrongful Conviction Case

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Claims Against City Advance in Wrongful Conviction Case

February 19, 2013

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The two now-retired detectives, Vincent Gerecitano and Jose Hernandez, did not move for dismissal and as a result, a number of claims against the pair—including violations of Collins' Fourth and Fourteenth Amendment rights—are moving forward. They are the only individual defendants left in the case.

In 2010, Eastern District Judge Dora Irizarry issued a writ of habeas corpus in which she blasted the prosecution's attitude during her review as "shameful" and barred the district attorney's office from retrying Collins (NYLJ, June 10, 2010).

Block also criticized the office during oral arguments late last year on the city's dismissal motion. He said then that he was "disturbed by allegations that Hynes praised Vecchione," and also that he was "puzzled" why Hynes had not taken disciplinary action against Vecchione (NYLJ, Nov. 19, 2012).

Block also at the time urged settlement talks and said he would let some claims proceed.

In his Feb. 15 ruling, Block also scrutinized the actions of six prosecutors who denied Collins' FOIL requests following his conviction. The office denied the requested information existed, even though it did, Collins noted in his complaint.

Collins argued their conduct violated the state Freedom of Information Law and also his rights under Brady v. Maryland, 373 U.S. 83, a 1963 U.S. Supreme Court ruling that requires prosecutors to disclose material, exculpatory evidence to defendants.

The city said the prosecutors were entitled to absolute immunity because their responses were associated with their prosecutorial function.

In dismissing the prosecutors from the case, the judge said their duty to answer FOIL requests could be viewed "in some general sense" as "administrative." But Block noted Collins was trying to "elevate" the duty to a constitutional obligation pursuant Brady.

"That duty entails a uniquely prosecutorial function and, therefore, must be protected by absolute immunity," he wrote.

Block also held two investigators in the district attorney's office were entitled to absolute immunity. And he dismissed an intentional infliction of emotional distress claim against the city.

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  • Mark Everette

    February 20, 2013 06:28 AM

    The win at any cost mind-set of the District Attorneys in our judicial system is on a dangerous path. The abuses of this type are no longer an aberration, but a standard practice in which ADA’s are rewarded for. To grant any of these people who were knowingly involved in orchestrating this travesty of justice absolute Immunity is a miscarriage of justice, and does nothing to hinder future abuses. We cannot allow those trusted with up holding the Laws of our country to emulate Madam Defarge when doing their duties. Had the death penalty still been an option at sentencing, there is a strong possibility Mr. Collins might have been executed. No amount of money can remedy the abuses a person for what was taken from them. This Man was not falsely convicted of a crime; he was systematically imprisoned with false testimony and evidence knowingly created by these win at any cost District Attorneys and Police Officers. This case was not a case of minor errors that caused this conviction. The government knowingly and fraudulently destroyed sixteen years of a man’s life. Everyday, for sixteen years, this Man woke up in Hell. I’m a firm believer that all police officers, Lawyers, Prosecutors, and Judges should do thirty days in Prison before they are allowed to practice their trade. A Police Officer would be more truthful and understanding of his responsibilities to the public. A Lawyer would understand how much their clients depend upon them, and would actually prepare to represent their clients well before he walks into the courtroom. The Prosecutor’s would understand what it means to comply with discovery demands, and would be a lot less likely to create or allow the subornation of perjury. Most importantly, Judges would not handout draconian sentences for minor offenses. All of these people involved in creating the fraud in this case should be severely punished, and there should be no blanket immunity to anyone who uses their position of trust and authority to make a mockery of our legal system.

  • Spook

    February 19, 2013 08:46 AM

    Clearly prosecutors need less immunities, and more skin in the game. Abuse of their power is rampant.

  • Phillip H Inkel

    February 19, 2013 07:34 AM

    As long as the courts continue to rule that unlawful, dishonest and violent governmental conduct disguised as prosecutorial or judicial functions are absolutely immune from civil suit then people will continue to be deprived of seeking redresses from those types of grievances and subjected to unequall protections under the law. Furthermore, the nefariuos conduct will continue with nothing to deter unscrupulous prosecutors and Judges from commiting such horrific human rights violations. And, as those types of suits are dismissed so also is the exposure of the full facts and truth of those crimes from ever reaching the records and the public. A true evil in it's form that has and is sure to lead to horrible retribution. It invites anarchy and encourages people to seek other forms of achieving justice. It is contrary to natural justice. The doctrine of absolute immunity should be abolished when the facts demonstrate the existence of any element of dishonesty, bad faith, violence, prejudice, indifference, or criminality appied to the administration of judicial and prosecutorial functions in the light that unlawful governmental conduct is outside of the scope of those governmental functions and produces great irreparable losses, pain and harms.

  • Richard Slavens

    February 18, 2013 03:00 AM

    This article is interesting and useful.

  • Patty

    February 17, 2013 04:25 AM

    The same shenanigans happens out here in California Gold Country. I am a witness to a case that may be headed the same way in the future. Just sit and wait I suppose. They have stonewalled from reporting several other crimes against the victim. One crime might lead to lesser charges against the defendant, if it was investigated and prosecuted. Michael Moore even did an expose on the county this case is in. His sister was a public defender and got fired after blowing the whistle on them. They were fined, and changes made supposedly. I think they just became more clever at it.

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