{"id":4347,"date":"2006-01-30T19:15:06","date_gmt":"2006-01-30T23:15:06","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/formerlyknownas\/2006\/01\/30\/admonish-da-deangelis\/"},"modified":"2011-08-05T14:54:13","modified_gmt":"2011-08-05T18:54:13","slug":"admonish-da-deangelis","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/2006\/01\/30\/admonish-da-deangelis\/","title":{"rendered":"admonish D.A. DeAngelis"},"content":{"rendered":"

<\/a><\/p>\n

\n

Never having been a public defender, I’m not a kneejerk hater of prosecutors.<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

However, I can’t let another day go by without saying that a series of con-<\/span><\/p>\n

victions overturned due to prosecurtorial misconduct in Rensselaer County<\/span><\/p>\n

[Troy], New York, is shameful and can only weaken the public’s trust in our<\/span><\/p>\n

justice system.<\/span><\/p>\n


\n<\/span><\/p>\n

\"courthouseS\"<\/span><\/p>\n


\n<\/span><\/p>\n

In the latest case, involving defendant Burton Jeffrey Hunter, the district<\/span><\/p>\n

attorney’s office failed to inform the defense, in an acquaintance rape case,<\/span><\/p>\n

that then-17-year-old victim had accused another man she knew of rape only<\/span><\/p>\n

two or three weeks before Hunter’s trial. [That’s two such charges within<\/span><\/p>\n

eleven months. In addition, the “victim’s” father testifeid at trial that she had<\/span><\/p>\n

accused him of rape when he tried to discipline her. Troy Record<\/a><\/em>, Jan. 26,<\/span><\/p>\n

2006] Hunter was convicted of sodomy, and has spent the past four years<\/span><\/p>\n

in jail.<\/span><\/p>\n

\n

\"tiny The fact of the second accusation came to light last year,<\/span><\/p>\n

when Hunter’s trial lawyer, Paul DeVane was working out a<\/span><\/p>\n

plea bargain for Delbert Parker, a Schenectady man convicted<\/span><\/p>\n

of armed burglary and charged with rape. Parker told DeVane<\/span><\/p>\n

that he had been accused of rape just before Hunter’s trial, by<\/span><\/p>\n

the same young woman.<\/span><\/p>\n<\/blockquote>\n

Current Rensselaer District Attorney Patricia DeAngelis<\/a> was not D.A.<\/span><\/p>\n

at the time of the trial, but was an ADA and had presented the case<\/span><\/p>\n

to the grand jury. “[S]ources familiar with the case say she did most,<\/span><\/p>\n

if not all, of the pre-trial work and then handed the case over to another <\/span><\/span><\/p>\n

prosecutor.” (<\/span>WTEN.com<\/span><\/a>, Jan. 25, 2006). <\/span><\/span><\/p>\n


\n<\/span><\/p>\n

\"mjudge\"<\/span><\/p>\n


\n<\/span><\/p>\n

When the issue was raised last year, trial judge Patrick McGrath agreed to <\/span><\/span><\/p>\n

hear arguments for a newtrial, because the prosecution “failed to deny or <\/span><\/span><\/p>\n

admit actual knowledge” of the material that could assist the defense. De-<\/span><\/span><\/p>\n

Angelis was (unsuccessfully) running for county judge at the time and asked <\/span><\/span><\/p>\n

for several extensions to answer the allegation. Not until Dec. 28, a few <\/span><\/span><\/p>\n

days before the argument on the new trial, did she finally fax a stipulation to <\/span><\/span><\/p>\n

Hunter’s counsel, saying that former prosecutor Mark Portin, who succeeded <\/span><\/span><\/p>\n

DeAngelis on the case, never disclosed the victim’s subsequent allegation to <\/span><\/span><\/p>\n

Hunter’s lawyer. (Albany Times Union<\/a><\/em>,<\/span> Jan. 5, 2006)<\/span><\/p>\n

\n

\"tiny At the time of the hearing, I recall DeAngilis telling a tv reporter that<\/span><\/p>\n

her office considered the fact of the second accusation to be “infor-<\/span><\/p>\n

mation” but not evidence that had to be disclosed.<\/span><\/p>\n<\/blockquote>\n

Judge McGrath disageed, ruling that Assistant District Attorney Mark Portin<\/span><\/p>\n

improperly failed to inform Hunter’s attorney of the second accusation. Accord-<\/span><\/p>\n

ing to the Troy Record<\/em><\/a> (Jan. 26, 2006): Judge McGrath wrote:<\/span><\/p>\n

\n

“A prosecutor should not intentionally avoid pursuit of evidence<\/span><\/p>\n

merely because he or she believes it will damage the prosecutor’s<\/span><\/p>\n

case or aid the accused. . . A prosecutor has a duty to seek justice<\/span><\/p>\n

and not merely to convict.”<\/span><\/p>\n<\/blockquote>\n

McGrath noted that the “victim” was the only person who had direct knowledge<\/span><\/p>\n

of the event and that establishing her credibility was paramount to a just verdict.<\/span><\/p>\n

The Judge continued: “Surely, in the context of this case the People knew the un-<\/span><\/p>\n

disclosed Brady material would have been useful to the defense. The only reason<\/span><\/p>\n

not to divulge it would be for the People to gain some tactical and unfair advantage<\/span><\/p>\n

that clearly violates the People’s professional responsibility.” Therefore, “The People<\/span><\/p>\n

should be admonished for their failure to disclose the Brady information.”<\/span><\/p>\n


\n<\/span><\/p>\n

None of this was persuasive to D.A. DeAngelis, who told the press: “While my<\/span><\/p>\n

position on this matter has not changed as to our obligation to disclose this information,<\/span><\/p>\n

the decision of the court is now the law in this county, and obviously we will prosecute<\/span><\/p>\n

future cases in line with the court’s decision.” Two other sex abuse convictions were<\/span><\/p>\n

recently overturned due to the misconduct or incompetence of DeAngelis’ office, along<\/span><\/p>\n

with a fourth major conviction.<\/span><\/p>\n


\n<\/span><\/p>\n

\"newspaperS\"<\/span><\/p>\n


\n<\/span><\/p>\n

An editorial titled “Enough, Ms. DeAngelis<\/a>” (Jan. 27, 2006), the Albany Times Union<\/em><\/span><\/p>\n

called for the D.A. to step down, saying it quite well:<\/span><\/p>\n

\n

Justice is a more tenuous concept than ever today in Rensselaer<\/span><\/p>\n

County, upheld by Judge Patrick McGrath but undermined by District<\/span><\/p>\n

Attorney Patricia DeAngelis. It’s a familiar but depressing pattern, of<\/span><\/p>\n

unfair and inept prosecution that requires judges to reverse convictions<\/span><\/p>\n

obtained by the district attorney’s office or, in the latest such case, to<\/span><\/p>\n

order a new trial for a man convicted of sodomy after critical evidence<\/span><\/p>\n

was withheld from his defense lawyer.<\/span><\/p>\n


\n<\/span><\/p>\n

When does it end? Only when Ms. DeAngelis steps aside as district<\/span><\/p>\n

attorney. . . .<\/span><\/p>\n


\n<\/span><\/p>\n

… Ms. DeAngelis has quite a bit less to say [than Judge McGrath] about<\/span><\/p>\n

the denial of such an essential right of Mr. Hunter’s. Just like [tial ADA<\/span><\/p>\n

Mark ] Portin, she doesn’t think the evidence that was withheld was<\/span><\/p>\n

relevant to Mr. Hunter’s trial.<\/span><\/p>\n


\n<\/span><\/p>\n

Her reaction to the vacating of Mr. Hunter’s conviction amounts to yet<\/span><\/p>\n

another strike against Ms. DeAngelis and her office’s reckless approach<\/span><\/p>\n

to criminal prosecution. The Appellate Division of the state Supreme Court<\/span><\/p>\n

has reversed convictions obtained by Ms. DeAngelis or her colleagues<\/span><\/p>\n

three times in the past two years for reasons of prosecutorial errors or<\/span><\/p>\n

misconduct.<\/span><\/p>\n


\n<\/span><\/p>\n

\"coyote<\/span><\/p>\n


\n<\/span><\/p>\n

How much longer must the people of Rensselaer County put up with such<\/span><\/p>\n

ignorance of the law in, of all places, the district attorney’s office? The same<\/span><\/p>\n

voters who so wisely rejected Ms. DeAngelis’ candidacy for a judgeship of<\/span><\/p>\n

her own last year remain stuck with her as county prosector.<\/span><\/p>\n


\n<\/span><\/p>\n

“The prosecution has a duty to seek justice and not merely convict,” notes<\/span><\/p>\n

Judge McGrath.<\/span><\/p>\n


\n<\/span><\/p>\n

Such a reasonable statement, such a far-fetched notion.<\/span><\/p>\n<\/blockquote>\n

I’m not as sure as the TU<\/em> that the D.A.’s Office has made these mistakes out of<\/span><\/p>\n

ignorance or incompetence. A former ADA is suing the D.A.’s Office, saying she<\/span><\/p>\n

was fired for complaining about unethical conduct. Two days after the order was<\/span><\/p>\n

issued for the new trial, Ms. DeAngelis had this statement:<\/span><\/p>\n


\n<\/span><\/p>\n

\"coyote<\/span><\/p>\n

\n

“My number one responsibility as District Attorney is to ensure that<\/span><\/p>\n

justice is served. My office has a conviction rate of 98 percent. This<\/span><\/p>\n

is the result of a talented and dedicated staff who take their duty to<\/span><\/p>\n

protect the citizens of Rensselaer County seriously.” (Capital9News<\/span><\/a>,<\/span><\/p>\n

Albany, NY, Jan. 27, 2006)<\/span><\/p>\n<\/blockquote>\n

Justice 101<\/em><\/strong>: Convictions do not always equal justice. Overzealousness doesn’t assure justice. Often it prevents it.<\/span><\/p>\n

<\/span><\/p>\n

<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

\n

\"tiny After another dreary-gray winter day, I deserve some Tom Painting<\/a> haiku — and so do you:<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n<\/blockquote>\n

<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

\n

<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n


\n<\/span><\/p>\n

storm warning
\nthe watercolorist works
\nin shades of grey<\/span><\/span><\/p>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span>\"skaterSignG\" <\/span><\/span><\/p><\/blockquote>\n<\/blockquote>\n<\/blockquote>\n<\/blockquote>\n<\/blockquote>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span>paint by number<\/span><\/span><\/p>\n


\n<\/span>the child’s river<\/span><\/span><\/p>\n


\n<\/span>escapes its bank<\/span><\/span><\/p><\/blockquote>\n<\/blockquote>\n<\/blockquote>\n<\/blockquote>\n<\/blockquote>\n


\n<\/span> <\/span><\/p>\n


\n<\/span> <\/span><\/p>\n


\n<\/span> <\/span><\/p>\n


\n<\/span> <\/span><\/p>\n


\n<\/span> <\/span><\/p>\n


\n<\/span> <\/span><\/p>\n


\n<\/span> <\/span><\/p>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span>winter dusk
\nshe paints her nails
\ndeeper red<\/span><\/span><\/p>\n


\n<\/span> <\/span><\/p>\n


\n<\/span> <\/span><\/p>\n


\n<\/span>“bigToe”<\/span><\/span><\/p>\n


\n<\/span> <\/span><\/p>\n


\n<\/span> <\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n

false dawn
\na ruffed grouse drums
\nthe woods awake<\/span><\/span><\/p>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n

spring plowing
\na flock of blackbirds
\nturns inside out<\/span><\/span><\/p>\n


\n<\/span><\/p>\n

<\/span><\/p>\n


\n<\/span><\/p>\n

<\/span> <\/span><\/p>\n<\/blockquote>\n<\/blockquote>\n<\/blockquote>\n<\/blockquote>\n<\/blockquote>\n


\n<\/span> <\/span><\/p>\n


\n<\/span> <\/span><\/p>\n


\n<\/span>Tom Painting<\/span><\/a> <\/span><\/span><\/p>\n


\n<\/span>“<\/span>winter dusk<\/span><\/a>” – <\/span>The Heron’s Nest<\/span><\/a> (2003)<\/span><\/em><\/span><\/p>\n


\n<\/span>“<\/span>storm warning<\/span><\/a>” from <\/span>The Heron’s Nest<\/span><\/em><\/a><\/span><\/p>\n


\n<\/span>“paint by number” – tug of the current<\/span><\/a><\/em><\/strong>: RMA 2004<\/em> <\/span><\/span><\/p>\n


\n<\/span> “<\/span>false dawn<\/span><\/a>” – The Heron’s Nest<\/em><\/span><\/span><\/span><\/p>\n


\n<\/span> \"crayonBoxV\"<\/span><\/em><\/span><\/p>\n


\n<\/span> <\/em> <\/span><\/p><\/blockquote>\n


\n<\/span><\/p>\n

\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Never having been a public defender, I’m not a kneejerk hater of prosecutors. However, I can’t let another day go by without saying that a series of con- victions overturned due to prosecurtorial misconduct in Rensselaer County [Troy], New York, is shameful and can only weaken the public’s trust in our justice system. In the […]<\/p>\n","protected":false},"author":94,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[2926,2927],"tags":[],"class_list":["post-4347","post","type-post","status-publish","format-standard","hentry","category-pre-06-2006","category-schenectady-synecdoche"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6kP1R-187","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/4347","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/users\/94"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/comments?post=4347"}],"version-history":[{"count":3,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/4347\/revisions"}],"predecessor-version":[{"id":12806,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/4347\/revisions\/12806"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/media?parent=4347"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/categories?post=4347"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/tags?post=4347"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}