Thursday, February 02, 2023

Misconduct by prosecution allows law enforcement officer charged with misconduct to go free

 Fun system we have.  From the N.Y. Times:

The cases were thrown out in scores. In the Bronx, 349 convictions were tossed, along with more than 100 in Manhattan. In Brooklyn, 90 were overturned.

After Joseph Franco was charged in 2019 with perjury and other crimes related to his decades as a New York Police Department narcotics detective, prosecutors lined up to dismiss cases in which he had been involved.

But on Tuesday, one more prosecution was tossed: that of Mr. Franco himself. A New York State judge, Robert M. Mandelbaum, found that prosecutors with the Manhattan district attorney’s office had failed to turn over evidence to the detective’s lawyers on three occasions, a major ethical violation, and dismissed the charges.

“As you have heard,” Justice Mandelbaum told jurors, “to date there have been two different occasions that you have heard about where the prosecution failed to disclose certain evidence.”

3 comments:

Anonymous said...

The government's case against a government employee (cop), brought for abuse of process by the government, was tossed by a government employee (judge), because a government employee (prosecutor) abused government process.

And then we die and the worms eat us.

The whole thing is absurd. Hug your children, eat, drink, and be merry.

Anonymous said...

Its funny how in NY the DA and SDNY step forward to correct their errors when exposed.

The SDFL has no such self awareness, or maybe they just know they’ll be protected by everyone along the way.

Anonymous said...

Federal agents found of Perjury don’t get charged in this District. Prosecutors who conspire to suborn Perjured testimony keep their bar licenses and jobs.