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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.

Nassau County, New York’s Crime Lab is an Embarassment!

crime1There have been recent disclosures with regard to the numerous problems faced by the Nassau County Police Crime Laboratory. Nassau County faces the potential that numerous individuals were convicted based on erroneous findings of the Nassau County Crime Laboratory. There is the potential for many lawsuits related to the poor quality of the testing work performed by the Nassau County Crime Laboratory.

History of Problems

Crime Laboratories

The police and the district attorneys’ offices rely on crime laboratories to process data related to drugs and other compounds seized by the police. When the crime laboratory’s integrity is challenged, it undermines the credibility of the entire law enforcement system.
Bad lab results can result in improper convictions. Individuals can be convicted of crimes they did not commit. Forensic evidence which includes blood samples, fingerprints and hair analysis is necessary for the investigation and prosecution of criminal cases.

There have been many failures regarding the crime laboratory in Nassau County. Television viewers throughout the United States are familiar with the excellent work that can be accomplished by well-organized, sophisticated forensic investigations of a crime. The CSI television programs are largely responsible for educating the American public regarding these matters.

Presumption of Innocence

Approximately four years ago the Crime Laboratory was placed on probation by the American Society of Crime Laboratory directors. They took this action due to the poor quality of the analysis of drugs taken from criminals by the police. In 2010, the New York State Commission on Forensic Science conducted an inspection of the Nassau County Police laboratory. This resulted on the laboratory being placed on probation a second time. In February of 2011, all testing on narcotics in the laboratory ceased.
Individuals charged with crimes are presumed innocent until proven guilty in a court of law. Individuals charged with crimes are entitled to due process. This amounts to a fair and impartial legal system. There can be no due process when the police and prosecutors are relying on faulty, inaccurate, erroneous laboratory results caused by a flawed poorly run crime laboratory.

Criminal Defense Lawyers

If you are charged with a crime, the Law Offices of Schlissel DeCorpo can provide you with aggressive legal representation. We experienced in representing individuals charged with drug offenses, domestic violence, assault and battery, juvenile defenses, driving while intoxicated (DWI), weapons possession, sex crimes, white collar crimes, violent crimes and other misdemeanors and felonies. We can assist you and help you save your license if you’re charged with traffic tickets. Feel free to call Elliot S. Schlissel, Esq. at 516-561-6645, 718-350-2802 or 1-800-344-6431. Our phones are monitored 24/7.

Killer May Inherit His Victim’s Property

handcuff1-150x150Brandon Paladino killed his mother-in-law. He was convicted of first-degree manslaughter on October 12, 2010. He is facing up to twenty-five years in prison.

His wife, Dina, recently died. She was the sole survivor of her mother, who was killed by her husband Brandon. The money that Dina was supposed to inherit from her mother would go to Dina’s next of kin, her incarcerated murderer husband, Brandon.

It seems, in this situation, that Brandon will come to benefit from his own criminal conduct. It is estimated that the mother-in-law’s estate is worth in excess of $500,000. At the time of Brandon’s conviction, there were no allegations that his wife Dina was in any way, form or matter associated with the death of her mother.

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Criminal Defense Lawyers

We represent individuals charged with or about to be charged with crimes. We assist clients that are under investigation for alleged criminal activity. Our legal representation helps our clients with both misdemeanors and felonies. We also represent clients on drug offenses cases, domestic violence situations, juvenile matters, shoplifting, burglarydriving while intoxicated and other criminal charges. We assist our clients with bail. We attend arraignments and see to it that our clients are not incarcerated during the pendency of their cases. Call us. Our phone numbers are 1-800-344-6431; 516-561-6645 or 718-350-2802.

Prison Gone Wild

The Federal Bureau of Investigation (FBI) is conducting an investigation into a privately run prison in Idaho. The FBI has received a video showing prison guards watching an inmate being brutally beaten. The guards did not intervene in the beating. The beating stopped when the attacker decided he was finished beating his fellow inmate to a pulp.jail-150x150Hanni Elabed begged the guards for assistance. He was being viciously attacked by another inmate at the Idaho Correctional Facility. The guards didn’t help him. They simply watched him being beaten for a considerable period of time. During the course of the beating, Elabed’s attacker took a break. After the break, he continued beating Elabed.

When the medical staff arrived, Elabed was unconscious . He was bleeding from his brain. He went into a coma for a period of three days. He suffered permanent brain damage. He has now been released from prison because the correctional facility could not meet with his medical needs.
U.S. Attorney Wendy Olson, in an Associated Press interview, stated that Federal Investigators are looking into accusations that the Idaho Prison uses prisoner-on-prisoner violence and intimidation to control the facility. Lawsuits brought by prisoners concerning this Idaho Correctional Facility have labeled it “Gladiator School” due to the brutal nature of how the facility is run.

Steven Pevar, a staff attorney for the American Civil Liberties Union, in an AOL telephone interview, stated “This is the most violent prison I have ever seen”. The ACLU is currently suing the Idaho State Prison officials due to the level of violence at the Idaho Correctional Facility.

Steven Pevar stated, “it’s as if gangs have taken over the prison, where decisions are being made that seem to be consistent with allowing gangs to strong-arm other prisoners.”

Numerous prisoners have reported to staff that they were beaten up when gang members told the prisoners they had to pay rent to live safely in that housing unit. The guards did nothing about it.

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Criminal Defense Lawyers

If you are charged with a crime, we can help you. We represent individuals charged with misdemeanors and felonies. We litigate criminal charges involving drug offenses, domestic violence, assault and battery, juvenile defense, shoplifting, burglary and driving while intoxicated (DWI) cases. We can assist you in violent and non-violent criminal prosecutions. Feel free to call us at 1-800-344-6431; 516-561-6645 or 718-350-2802.

With the Victim Not Cooperating Assault Trial Proceeds

In April of 2010, Louis Calixto, a woman was violently attacked in the East Village. He beat her so savagely the blows could be heard over the noise on the city street. The woman was beaten so severely that she refused to testify. She was afraid that her testimony would lead to another beating. Mr. Calixto’s attorney brought an application to dismiss the charge of assault in the 3rd degree pending against him. He claimed in his application that the prosecutor could not establish “physical injury” based solely on the testimony of eye-witnesses to this horrible event.

The judge sitting on the case, Manhattan Criminal Court Judge Michael J. Wyvinsky, ruled against Mr. Calixto’s application. The judge stated “while the most direct and strongest allegation about any physical injury suffered by a victim would typically come from the victim herself, there is an objective line above which one can reasonably infer the requisite level of physical injury based on the specific allegations regarding the nature of the assault itself.”

The judge also stated in his decision “what is alleged in this case is a vicious and violent attack, not petty slaps. That attack was brutally loud. It resulted in discoloration of the victim’s face where she had been attacked and it caused the victim to both cry out while she was attacked and remained lying on the ground once it was over.”

The judge further stated “that the witness to the incident observed Mr. Calixto strike a female in the head 2 times with a closed fist and that she could hear the sound of the closed fist hitting the victim’s skull.” This case is now scheduled for trial. Hopefully, this vicious assault will result in the conviction of the alleged perpetrator!!

Criminal Defense

The criminal defense lawyers of the Law Offices of Schlissel DeCorpo represent individuals charged with assault, battery, sexual offenses, white collar crimes, driving while intoxicated and shop lifting. Should you be the subject of a police investigation or be arrested and charged with a misdemeanor or felony, call us, we can help you. Our phone numbers are 1-800-344-6431; 516-561-6645 or 718-350-2802.

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