Skirmish With Court Officers Leads to Change of Trial Venue (NY Law Journal)
Posted on 17. Feb, 2009 by admin in Criminal Defense, Press
Skirmish With Court Officers Leads to Change of Trial Venue
New York Law Journal
February 17, 2009
By: Mark Fass
Four Brooklyn men who fought with court officers in a Brooklyn Supreme Court hallway have successfully moved for a change of venue.
Brooklyn Criminal Court Judge Desmond A. Green agreed that the men might not receive a fair trial in the courthouse where the skirmish took place.
“[T]he alleged altercation between defendants and courthouse personnel is so intertwined with the procedures and operations of the court that it is reasonable to believe, from the totality of circumstances, as defendant maintains, that it would be difficult for the Kings County Criminal Court to provide a fair and impartial tribunal for this matter to be heard at either a jury or a bench trial,” Judge Green held in People v. Gonzalez, 2007KN090377.
The Brooklyn Criminal Court decision appears on page 22 of the print edition of today’s Law Journal.
The judge also stated that he concurred with the defendants’ request for a special prosecutor. That decision now falls to the city’s deputy chief administrative judge, Joan B. Carey (See Profile), who is responsible for deciding whether to appoint special prosecutors, a court spokesman said.
The fight between the four men – college student Jesus Gonzalez, high school students Mario Cox and John Meekins and teacher Brian Favors – and the court officers took place on Nov. 30, 2007.
The four men were attending a pretrial hearing for 20 members of the so-called “Bushwick 32″ – 32 people who were arrested while walking to the subway to attend a wake for a friend.
The arrests became the subject of protests, blog posts and newspaper stories accusing the Brooklyn District Attorney’s Office of racism.
“To date, there has been no evidence produced – no witnesses, no photographs or videotapes, no dented vehicles or broken mirrors, nothing whatsoever – to indicate that any of the youngsters had done anything at all that was wrong,” Bob Herbert wrote in a column for the New York Times.
The four defendants, sitting in the audience during the November 2007 hearing, were told to leave the courtroom for allegedly violating courtroom rules.
In the hallway, a fight broke out between the men and the court officers. The four men were subsequently charged with menacing, attempted assault, resisting arrest, disorderly conduct and obstructing governmental administration.
Mr. Gonzalez, in a motion joined by his three codefendants, moved for a change of venue and the appointment of a special prosecutor. He argued that a fair trial would not be possible in Brooklyn because the matter is too deeply intertwined with the operations of the court.
“Defendant avers that the court officers will be present in all areas of the court room, directing the manner and court room procedures as well as swearing in jurors and witnesses, and directing jurors and witnesses,” Judge Green wrote. “Such demeanor and interest of the officers in the proceedings and outcome of the case would have an influence affecting such jurors and witnesses and could detrimentally affect the defendant’s case.”
Mr. Gonzalez also argued against transferring his case to Staten Island, which does not accept plea bargains of reduced charges in cases alleging attacks against court officers – a policy endorsed by the New York State Court Officers Association.
The district attorney’s office opposed the motion, arguing that the defense presented insufficient cause for changing venue. The prosecution also suggested that a judge could be brought to Brooklyn to try the case.
Judge Green disagreed, and granted the motion, transferring the cases to the Bronx “or any other New York City Criminal Court.”
The prosecution’s interest against the defendants “presumes a bias” that has “not been adequately addressed in the People’s responsive motion,” Judge Green concluded.
Michael Warren represented Mr. Favors and Mr. Meekins. Mr. Warren could not be reached for comment.
In a statement on Friday, Brooklyn District Attorney Charles Hynes said, “Respectfully I believe that the Judge is wrong on both the facts and the law so I have directed my staff to take immediate steps to review the decision.”
Dennis Quirk, president of the Court Officers Association, said that the defendants injured four court officers, one of whom missed six weeks of work and continues to receive physical therapy, and that he saw no reason to appoint a special prosecutor or move the case out of Brooklyn.
“The court officers don’t make any decisions,” Mr. Quirk said. “Decisions are made by judges and juries.”
