Legal Commentary

Wrongfully Convicted Man Sues Over Proseuctorial Misconduct

By Jeralyn

Jabar Collins was released from prison last year after serving 16 years for murder. He's now filed a lawsuit claiming the Brooklyn District Attorney's office under DA Charles Hynes routinely engaged in misconduct.

Michael F. Vecchione, a top assistant in the district attorney’s office, was accused of improperly using court orders to detain witnesses, physically threatening them and coercing them into providing false testimony that would benefit the prosecution’s case.

The 106 page lawsuit alleges these illegal practices were widespread in cases prosecuted by Hynes' office.

When a subpoena is issued, it is to appear in court, at a specific day and time when a hearing or trial is scheduled. It is not acceptable to subpoena someone to the DA's office for an interview. If the DA thinks a witness won't testify and a material witness warrant is necessary, the person picked up on the warrant should be brought before the court and provided counsel to challenge the warrant and seek bail, not brought to the DA's office for interrogation and threatened with jail unless they cooperate. [More...]

Those are some of the allegations in the Collins suit. They are especially troubling because most people on the receiving ends of these subpoenas and material witness warrants don't know they have rights or that their rights are being violated.

What does Mr. Vecchione have to say for himself? "Whatever the press office said is what I’m saying,” he said. "

Full post as published by TalkLeft on February 17, 2011 (boomark / email).