The Court: I think I’ve heard enough. You can stay standing.
I was admitted to the bar in April of 1987, and I was, at the time, an Assistant District Attorney in the Bronx DA’s Office. I’ve always been very proud of that association, until today. I also served as a defense lawyer and 18B counsel. I’ve tried homicides; I have tried child molestation cases; and I have tried drug sale cases.
I have now been on this bench nine years and three months. In all that time, as a prosecutor, as a defense lawyer, as judge, I have never once seen a Brady violation as egregious as this.
To my mind, this is an utter and complete disgrace, not just for you, but for your office in general. Disgrace.
The excuse you offer, passing the file back and forth, no one looking and no one knowing what anything is, saddens me on one level and makes me sick on another.
For my own peace of mind, I absolutely refuse to believe that you did this on purpose. However, it is gross negligence on your part to have not found this information, and turned it over to Defense, and for your supervisor to find it and turn it over right after Defense summations. I emphasize those words: Gross negligence.
I recall the Defense asking before the trial started for any notes that the People had in their possession, and you blithely said, “No, we don’t have any notes.” It turned out, unfortunately, to be a lie. Your actions bring disgrace to both your office and to yourself.
But what really concerns me more than anything else is: Where is the justice for your complaining witness? Where is her justice? She had the right to have this case heard by a jury and have that jury decide whether or not they believed her allegations. She’s lost her chance at that justice due to your conduct.
What about [the Defendant’s] justice? The Defendant had a right to have a jury decide whether or not they believed those allegations. Where is his justice waiting for his trial? You have failed on so many levels, on so many levels.
Here are your sanctions: You’re going to leave this room, and you’re never going to come back. You can’t appear before me anymore. I’ll tell you why, because I cannot trust anything you say or do. I can’t believe you. I can’t believe your credibility anymore. The only thing a lawyer has has to offer is their integrity and their credibility, and when you’ve lost that, there is no purpose in your appearing before this Court.