NYPD Can Withhold Records from Non-Profit, Panel Rules

, New York Law Journal


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She noted that Rosario had filed a habeas corpus petition, which a Second Circuit panel denied 2-1, and that the dissenting judge, Chester Straub, wrote that there was "too much alibi evidence that was not presented to the jury, and too little evidence of guilt, to now have any confidence in the jury's verdict."

Rebecca Freedman, an attorney at the Exoneration Initiative, said that the organization had not decided whether to appeal. She said that even without the eyewitnesses' information, the unnamed passerby's full statement could be helpful to Rosario's case.

"The primary focus for us was always on just getting the information that we'd not been able to see before," she said. "For us, getting the information at all will be a significant victory.... In these innocence cases, any detail could be significant."

The NYPD was represented by Elizabeth Freedman, senior counsel in the appeals division of the Law Department. "We are pleased that the Court recognized the importance of protecting against the disclosure of information that could result in potential harm to a witness in a criminal investigation," she said.

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