Man Imprisoned in Case 'Rotten From Day One' Ordered Released

, New York Law Journal

   | 6 Comments

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.

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What's being said

  • 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?

  • 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....

  • 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.

  • 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.......

  • 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.

  • Phillip H Inkel

    It is a shame and danger to everyone that so many crimes can be committed by individuals working on the government"s behalf with impunity. It is apparent that the applications of dishonesty applied to court and prosecutorial services is not only a travesty of justice but also a public health issue that subjects numerous individuals to deprivations of human rights. There should be accountability for those that thumbs their noses to the laws and the Constitution.

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