Female DV prosecutor fired after repeatedly withholding evidence that would prove men innocent

testmypatience · 2017-06-03T19:32:51+00:00

But still not in jail

LetsGoHomeAndBlay · 2017-06-03T19:08:05+00:00

Full text:

A high-ranking Nassau prosecutor has lost her job after a judge recently found she violated a legal rule by failing to disclose material favorable to the defense of two men facing domestic violence charges.

The resignation Wednesday of Assistant District Attorney D.J. Rosenbaum, who led the Child Abuse Unit, followed Nassau Supervising Judge Christopher Quinn’s recent decisions that she violated what’s known as the Brady rule in two cases. The rule says prosecutors have to give the defense evidence that tends to negate the guilt of the accused or mitigate the seriousness of the alleged crime.

“When a prosecutor avoids justice in order to pad their conviction rate, our system fails completely,” Michael DerGarabedian, the attorney for both men, said Thursday. “Nobody should sit in jail for two years while the district attorney’s office is withholding evidence.”

Brendan Brosh, a spokesman for District Attorney Madeline Singas, confirmed Thursday that Rosenbaum had resigned a day earlier after his office requested she do so “based on our review of these matters.”

“Maintaining the integrity of our prosecutions, ensuring the safety of our victims and holding offenders accountable for their criminal acts are our primary concerns,” he added. “ . . . We stand ready to continue these prosecutions and proceed to trial. Any allegation that a prosecutor has failed to make a required disclosure will be reviewed by our Conviction Integrity Unit.”

Rosenbaum, who has worked for the county since 2000 and has no state record of public discipline as an attorney, couldn’t be reached Thursday.

The developments came after DerGarabedian asked Quinn to sanction the district attorney’s office for prosecutorial misconduct by dismissing the charges. The Rockville Centre lawyer told Quinn that Ean Soley, 42, of Hempstead, was in jail for two years while the prosecution was “sitting on evidence that absolved my client.”

Soley, now free after Quinn lowered his bail, faces charges including burglary, criminal contempt and criminal obstruction of breathing for allegedly assaulting his son’s mother. The judge kicked Rosenbaum off Soley’s case in April.

Quinn also found the prosecution acted improperly by not disclosing for more than 18 months texts and calls from Soley’s cellphone that were Brady material.

Two weeks ago, Quinn found a Brady rule violation in the case of Ernest Cassano, 32, of Levittown, and also began probing whether Rosenbaum was negligent or intentionally withheld potentially exculpatory evidence in the case.

Police arrested Cassano in 2015 for allegedly assaulting his ex-girlfriend and he faces charges including strangulation, coercion and assault.

In that case, Executive Assistant District Attorney Maureen McCormick sent DerGarabedian a letter saying another prosecutor found “a discrepancy in information and testimony regarding a statement” Cassano made to police. She said her office wouldn’t use Cassano’s statements as evidence and Singas had ordered an ethics review to see if Rosenbaum mishandled Brady material.

DerGarabedian said Rosenbaum “willfully withheld” notes she generated from interviewing one of the police officers on the case that contradicted another officer’s grand jury testimony.

In his Cassano decision, Quinn noted the prosecution declined to share ethics review findings, and ordered Singas’ office to turn over its files so he can decide whether to impose sanctions.

Rosenbaum’s resignation follows a recent case in which a Suffolk prosecutor resigned after a judge dismissed a murder charge mid-trial when the defense showed evidence had been withheld.

iTzinmyblood · 2017-06-04T00:19:05+00:00

Lol figures it's long island. Here in family Court men are considered second class citizens. If you're a man and dealing with child visiting rights or any father rights either get the best lawyer money can buy or deal with years of legal issues. If you're judge is Ellen Greenberg then might as well just give up.

Apexbreed · 2017-06-04T03:00:21+00:00

Wonder how many female offenders she never even filed charges on, and how many males were wrongfully convicted throughout her career...

MagicTampon · 2017-06-03T23:51:36+00:00

Repeal sovereign immunity.

Should ought to be criminally liable and a target for millions of dollars in lawsuits.

CurtisAxelmania · 2017-06-04T03:38:28+00:00

Forget about jail time a second guys...

She was only fired... Doesn't even say disbarred. That is the first more realistic step here.

Buddy813 · 2017-06-04T03:55:50+00:00

Shouldn't she be disbarred for this?

testmypatience · 2017-06-04T03:00:06+00:00

It's messed up that false accusations are enough of a thing to post here that there is a tag specially created for it.

Surtysurt · 2017-06-04T04:21:46+00:00

How does she sleep at night?

rafajafar · 2017-06-04T05:10:02+00:00

Can we corroborate this source? I haven't been able to find ANYTHING on this other than this newsday article behind a paywall.

Imnotmrabut · 2017-06-04T10:42:32+00:00

Let's be clear - this is not just a failure of the individual but of the Whole Institution of The District Attorney's Office, Nassau County, NY.

This Gross Public Maladministration did not just happen in a vacuum. It shows long-term Institutional failure and exposes Institutional Sexism and Institutional Misandry.

Institutional Misandry
With reference to the Steven Lawrence Inquiry Findings under section 6.34;
institutional Misandry:The collective failure of an organisation to provide an appropriate and professional service to people because of their status as male. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and sexist stereotyping which disadvantage males.
see: Macpherson, William. *"The Stephen Lawrence inquiry: report of an inquiry by Sir William Macpherson of Cluny."* Stationary Office (1999). page 49

unixpoop · 2017-06-04T00:53:46+00:00

Lock em up boys.

MRALawyer · 2017-06-04T04:29:18+00:00

The ABA should institute disciplinary proceedings against her. She is another Mary Kellett.

-redditardation- · 2017-06-04T07:18:45+00:00

That piece of shit should be tried and the cases in which the evidence would overturn decisions reopened.

Sadly I am very skeptical those two things will happen.

ThatDamnedImp · 2017-06-04T11:35:58+00:00

Ah, the Kristen Gillibrand method of handling Domestic violence.

the_unseen_one · 2017-06-05T01:16:50+00:00

So she got no jail time, wasn't disabarred, and wasn't even fired, only asked to quit, after breaking multiple laws and completely violating the trust placed in her as a prosecutor? Damn, they're not even trying to pretend they care about men any more.

feedmecarrots · 2017-06-05T07:21:23+00:00

Jail would be a good place for her. It's hard to think of anyone more deserving.

dodekerekt · 2017-06-05T04:59:43+00:00

This is what sexism looks like. Yet she probably thought she's fighting it. Delusional AF.

Title	Female DV prosecutor fired after repeatedly withholding evidence that would prove men innocent
Author	LetsGoHomeAndBlay
Upvotes	897
Comments	34
Date	June 3, 2017 7:07 PM UTC (9 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/6f2wl8/female_dv_prosecutor_fired_after_repeatedly/
Archive Link	https://theredarchive.com/r/MensRights/female-dv-prosecutor-fired-after-repeatedly.921276 https://theredarchive.com/post/921276

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