A Brooklyn man whose assault charges were dismissed remains in prison after already serving five years. ABC7 reports that Oswind David was sentenced to 23 years in Sing Sing because a jury was not aware that a judge has tossed out David's indictments due to a prosecutorial error. "They have a Judge, a DA, a defense counsel, and everybody miss this?" David asks. He first learned of the mistake after the DA's office acknowledged it in their response to a recent motion of David's, but they argued that David should remain in jail because a first degree assault charge "automatically includes a second degree charge," and those "charges" weren't dismissed. Makes perfect sense! Every lawyer who took a "Double Secret Ghost Law" seminar knows this. David's original attorney resigned and he's now represented pro bono by Rita Dave, who says "this was just a complete utter mess-up, on every level."
David claims that he was trying to break up the incident that caused his arrest, a fight involving box cutters in Bed-Stuy, saying "I didn't set up to injure anyone." Dave is scheduled to go before a judge tomorrow to ask for her client's immediate release, and one would think that David's ordeal should net him a decent retirement fund from the state.
Probably not! Our good friends over at the Supreme Court struck down a $14 million award to a Louisiana man (that was granted by a Louisiana jury) who spent 18 years in prison, 14 on death row, after New Orleans prosecutors illegally withheld evidence that would have exonerated him. Compared to that case, it looks like the Brooklyn DA's office was just doing David a favor by keeping him in. We hope the library in Sing Sing is stocked up on Kafka!
taken from http://gothamist.com/2011/05/24/brooklyn_man_remains_in_jail_5_year.php
No comments:
Post a Comment