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Nassau County’s Continuing Crime Lab Problems

crime1-150x150 The United States Supreme Court recently ruled that laboratory technicians  will have to testify regarding lab tests for such tests to be accepted into  evidence. This will create significant problems for the Nassau County  District Attorney’s Office.

Nassau County Crime Lab Closed Since February

In February of 2011, the Nassau County Crime Lab was closed. This action was taken after the crime lab lost it’s certification for drug testing. Nassau County is now in the process of re-testing thousands of samples taken regarding drug cases. All of the testing is currently being undertaken by a crime laboratory located in Pennsylvania. It is estimated that this is costing Nassau County in excess of $100,000 per month.

Presenting Laboratory Evidence

The Supreme Court decision will require Nassau County to bring the crime laboratory technicians from Pennsylvania to testify with regard to the tests they conducted concerning evidence obtained by police in drug related cases. The United States Supreme Court case requires the actual lab technician who conducted the test to testify on the procedures utilized in the analysis of the drug material. The court ruling does not allow for supervisors or other employees to testify instead of the technician that conducted the tests.

Criminal Defense Lawyers

Criminal defense lawyers throughout the country have taken the position that this removes the unfairness from the submission of laboratory tests by prosecutors without calling the lab technicians to testify regarding their procedures. This gives criminal defense lawyers an opportunity to cross examine the laboratory employees with regard to how they handle the evidence sample and the tests and procedures undertaken by them.

Long Island and New York City Criminal Defense

The Law Offices of Schlissel DeCorpo represents individuals charged with crimes or who are being investigated for crimes. We are experienced in representing individuals charged with computer and internet crimesviolent crimes, white collar crimessex crimes, weapons possession, driving while intoxicated (DWI)shopliftingburglaryjuvenile offensesassault and batterydomestic violencedrug offenses and all other types of misdemeanors and felonies. Feel free to contact us for a free consultation.

Late Habeas Corpus Petition Granted

criminal-150x1501Chauncey Dillon is currently in prison serving 30 years to life. He was convicted of the fatal shooting of Erick Mangrum. He also was convicted of wounding Mr. Mangrum’s friend, rapper Freaky Zeeky. The shooting took place at the time of a traffic accident and attempted robbery in Manhattan in 2002.

Dillon claims the trial was unfair. He brought a proceeding in the Southern District of New York, a Federal Court. The matter was heard before Magistrate Judge Douglas Eaton. A Habeas Corpus proceeding by Mr. Dillon’s attorney, Roger M. Langone, was filed. Unfortunately, it was filed one day after the one year statute of limitations had expired. The petition was therefore dismissed.

The Late Habeas Corpus Petition Was Appealed

The attorney for Dillon brought an appeal to the United States Court of Appeals for the Second Circuit. Attorney Langone advised the court he made a mistake. He had made an error and put an incorrect date in his calendar relating to the last date to file the Habeas Corpus proceeding. The Appeals Court extended the time to file the Habeas Corpus proceeding because counsel for Mr. Dillon had made a showing of extraordinary circumstances.

The incident involved a minor traffic accident that took place in April of 2003. Dillon and two friends tried to steal a medallion from the neck of rapper Freaky Zeeky. Freaky Zeeky was a member of the “diplomat rap group”. This resulted in a fight and a shooting.

Dillon’s appeal claimed that inadmissible hearsay evidence was admitted by the court at the time of the trial. The Appeals Court ordered a review of the conviction in light of the allegations of unfairness that were brought by counsel for Mr. Dillon.

Criminal Lawyers

The Law Offices of Schlissel DeCorpo provides criminal defense for individuals accused or charged with crimes. We defend individuals charged with domestic violence, drug offenses, assault and battery, juvenile defenses, shoplifting, burglary, driving while intoxicated, weapons possession, sex crimes, white collar crimes and all types of violent crimes. In addition, we also represent individuals under investigation or charged with computer and internet related crimes. Feel free to call for a free consultation.

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