Officer's Civil Rights Violations Fair Game For Questioning, High Court Rules; Defendant Granted New Trial

In a unanmous opinion, the New York State Court of Appeals has reversed an Appellate Division, First Department case and granted the defendant Tyrell Ingram, a new trial, ruling that the trial court improperly prevented defense counsel from cross examining a Bronx narcotics detective concerning a case in which he was sued in federal court for civil rights violations. Writing for the court, Judge Sheila Abdus-Salaam commented that "law enforcement witnesses should be treated in the same manner as any other prosecution witnesses for purposes of cross examination. Specific allegations of prior bad acts in a federal law suit against a partcular witness do establish a good faith basis for cross examining that witness about the misconduct."

The same issue is currently being appealed in a 2014 trial in Bronx County litigated by defense attorney John M. Cromwell. In that case, alhtough attorney Cromwell was successful in securing an acquittal on the most sersious charges, the jury, nevertheless, returned a verdict of guilty on a lesser charge. Similar to the Ingram case, a key factor was the trial court's refusal to allow defense attorney Cromwell to cross examine the main prosecution witness concerning two prior civil rights lawsuits in which the witness had been named as a defendant. Denfense attorney Cromwell preserved and fully argued this important legal issue during the trial including filing a motion to set aside the verdict pursuant to Criminal Procedure Law Section 330. A decision on this appeal is expected shortly, and this most recent ruling from New York's highest court is encouraging news that attorney Cromwell's client may be granted a new trial.

For further information please contact The Law Office of John M. Cromwell at 914-725-0700