Legal Question in Criminal Law in New York

My husband was on trial last week for a crime that social services and the military had cleared him of. The judge would not allow the fact he had been cleared or any of the evidence from the investigations into evidence. After the trial my husband's unit found the evidence the state police had handed to them. Our lawyer got none of it during discovery. Every last piece contradicts what the "victim" claimed on the stand. This seems like it would be exculpatory. The ADA repeatedly told the jury the "victim" had never chaged her story and we had no proof otherwise. Both investigations that were not admitted into evidence had a differet story. Before going to the grand jury the "victim" told no less than 5 different stories and the ADA knew that we could not prove it. On top of that, the day before the trial began the ADA told the judge she had changed her story and he wanted to put the new story on the stand. When the judge said no he asked the "victim" several questions on the stand that he knew her answer would directly contradict what he said was the truth in chambers the day before. Then he tells the jury she has never chaged her story, knowing he tried to get a different story in the day before and that two other investigations found her to be a liar. And now we find 13 pages from his own investigation that prove her a liar. There is not one thing in the original reports that matches what she said on the stand. What my husband was charged with is not even mentioned once and in the reports at one part she specifically states that what he is charged with did not happen. On top of that the ADA told several pointless lies. He repeatedly told the jury my statement to the lawyer was 16 pages longer than it actually was. Then told the jury only people making up stories write statements that long. He took one thing I said and chaged it completely to give my husbad time to do what she claimed. I told him how long it took to do one thing, in his closig arguments he repeated the time but placed it on another action that I did not even mention as proof that my husband had time to commit this act. He also misquoted me three other times to make it appear I doubted my husband. I cannot believe these actions are condoned. That a prosecutor can deliberately lie and mislead. I never bothered to check the length of my statement because I did not know he could add 16 pages to it. There was no way to tell the jury after closing arguments that he flat out lied about what I said. I would like to know if what he did is allowed and if not what is the best way to deal with this. Like I said he repeatedly and deliberately lied.


Asked on 3/31/10, 9:58 pm

3 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Generally the standard for appeal is not whether the da lied or not the description of evidence not turned over is disturbing. Our office generally does appeals which is likely wha you should be seeking here. Generally appeals are pricey and can run you between 10-30 thousand dollars. If you'd like to further discuss the case you may reach us at 646-633-4563

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Answered on 4/06/10, 4:27 am
Robert Evans Robert S. Evans esq.

If the DA failed to disclose exculpatory evidence,that is grounds for an appeal. You should seek out an experienced criminal appelate attorney. If you contact my office I can refer you to an excellent one.

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Answered on 4/06/10, 7:56 am
peter bark bark & karpf

You don't say what the result of the trial was. If there was an acquittal, then you should gather all the information and make a complaint against the District Attorney and the Judge. Your local Bar Association can tell you where to contact the proper authorities. If there was a conviction, you need an appellate lawyer.

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Answered on 4/06/10, 9:33 pm


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