Legal Question in Criminal Law in New York

Submitting a statement/evidence for a case

My fiance was pick out of a lineup in relation to a shooting. In his initial statement to the police, he informed that he was at the movies the time the shooting occurred. He also informed them that I called him to make sure he was ok(the shooting occurred up the street from me and I heard the gunshots). I went to the precinct to pick up his possessions and the detective didn't ask me to write a statement.

First, he was indicted as being the shooter. Then they actually captured the shooter(the victim identified him, he was arrested 2 weeks after they arrested my fiance). Then they changed my fiance's charges to criminal poss. of a weapon. The legal aid attorney refuses to assign an investigator and has not been to see him since the 1st court date and he will not contact me either. I acquired a copy of the case and the indictment stated the crime occurred at 6:30 pm. But I know I called him as soon as I heard the shots & that was 7:24pm (I have my phone records). The police, ADA nor his attorney has requested a statement from me eventhough my name appears on the indictment in my fiance's statement.

First, how and who do I submit my statement and a copy of my phone records? Should I contact the ADA?


Asked on 1/26/07, 4:16 pm

2 Answers from Attorneys
James Kats James S. Kats, Esq.

Re: Submitting a statement/evidence for a case

No, do not contact the ADA; contact your fiance's attorney.

James Kats www.lawjsk.com

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Answered on 1/28/07, 2:00 pm
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: Submitting a statement/evidence for a case

Decisions such as the ones you have inquired about should be made by your fiance's attorney . . . when, where, and how to handle evidence of an exculpatory manner. Depending upon the specific facts of the case there may be stategic or tactical considerations . . . there may also be legal "rules" dictating the use and notice regarding such information. If you are being ignored by his attorney, you may want to consult with private counsel.

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Answered on 1/26/07, 5:24 pm


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