New York City Man Released From Wrongful Conviction After 20 Years in Prison. 13 Alibi Witnesses Ignored By Prosecutors

Richard Rosario, 40

[From article]
A man walked free after 20 years in prison Wednesday, released from a Bronx courtroom after prosecutors conceded that long-ignored murder alibi evidence needs to be reinvestigated.
Richard Rosario — who at age 40 has literally spent half his life in prison — credited his long-awaited good fortune to his lawyers at the Exoneration Initiative and to the NBC news program “Dateline,” which has a new digital series on his case.
Rosario has insisted since his arrest that 13 alibi witnesses could prove he was in Florida at the time of the 1996 murder.
“I’ve been in prison for 20 years for a crime I didn’t commit,” Rosario tearfully told Bronx Supreme Court Justice Robert Torres, moments before the judge vacated his murder conviction and ordered him released without bail.
[. . .]
“My family didn’t deserve this. I didn’t deserve this, and nor did the family of the victim,” Rosario told the judge. “I hope that this conviction is not just vacated, but exoneration is given to me and my family for this crime.”
Outside court, a jubilant-looking Rosario said he was “Just feeling the moment.”
He added, “I love my lawyers. Now can I leave?”
While Rosario’s conviction has been tossed, he remains charged in the broad-daylight murder of a 16-year-old boy on a Bronx street in June 1996.
He’s been set free pending the Bronx DA’s investigation into the credibility of his 13 alibi witnesses, who said from the start that he was in Florida when victim George Collazo was shot point-blank in the face during an argument.
No forensics or physical evidence linked Rosario to the murder. But he was convicted after two witnesses identified him from a police mugshot book.
Immediately upon hearing he was being sought, and right before turning himself in, Rosario made a list of 13 people who’d seen him in Deltona, Fla., at the time of the murder.
But the police never contacted those people, his lawyers say. And even his own court-appointed attorneys failed to make contact with any of the alibi witnesses, save for the couple he was staying with.
While the couple did testify at Rosario’s trial, the trial prosecutor told jurors they were tainted by their close friendship with Rosario. He was convicted and sentenced to 25 years to life in prison.

http://nypost.com/2016/03/23/man-freed-from-prison-because-prosecutors-finally-decided-to-talk-to-his-13-alibi-witnesses/

He had 13 alibi witnesses but he still spent 20 years in prison
By Kevin Fasick and Laura Italiano
New York Post
March 23, 2016 | 4:12pm

Peter Breggin Testified in Murder Trial

Psychiatric critic, psychiatrist Peter Breggin testified at the trial of Justin Michael, former boyfriend of the woman whose fiance David Moffitt, was killed.


http://www.nbc.com/dateline/video/dateline-september-11-2015/2901841?onid=209511#vc209511=1

Dateline
NBC News
Shadow
Dateline - September 11, 2015
09/11/15 | 1:26:20

Cambridge, MA Attorney Indicted For Witness Tampering, Fellow Lawyers Say "We all Do That"

[From article]
Now, lawyers want to know where the line is, and whether it’s a federal crime to execute an everyday tactical maneuver.
“I’ve done this countless times. He may have chosen his words poorly, but this is a good, honest lawyer,” said Terrence Kennedy, a criminal defense attorney and current member of the Governor’s Council who is not involved in the case. “I am outraged by the indictment. I’m outraged by the way it was handled. Criminal defense is a minefield, and any of us can get blown up.”
The indictment states, “Defendant Flaherty provided the victim with an envelope containing $2,500 cash and instructed the victim, among other things, that if anyone ‘from the court,’ contacted the victim, ‘just (expletive) ignore it because they will never bother you.’”
If the allegations are true, he may have violated certain ethical rules. But that’s a far cry from federal witness tampering — a charge that carries with it a maximum 20-year sentence. That’s enough to intimidate criminal defense attorneys who are trying to keep a case out of court.

http://www.bostonherald.com/news_opinion/local_coverage/2015/05/lawyers_decry_fed_indictment_against_timothy_flaherty

Lawyers decry fed indictment against Timothy Flaherty
Say tactic a common one
Thursday, May 28, 2015
By: Bob McGovern
Boston Herald

Oregon Man held in Jail 900 Days, Did Not Commit A Crime

A Washington County Jail inmate walks around an enclosed rec area in his unit. Benito Vasquez-Hernandez, who is housed in general population, has access to a similar space during the day. 

Photo: Benjamin Brink/Staff

[From article]

At 897 days and counting, the 58-year-old may be the longest-held material witness in Oregon and perhaps the nation. He's waiting to testify in a murder case.
Legal experts are aware of no other witness jailed for so long. While no one appears to systematically track such cases, a law professor recalls only one similar instance - more than a century ago, in California.
In Oregon, a judge can keep material witnesses in custody until they testify, or release them pending trial. Under state law, material witness holds have no expiration, but detention typically lasts less than a week.
Civil rights advocates say a witness should never be locked up for long - certainly not more than two years. But it's not only the extraordinary length of Vasquez-Hernandez's imprisonment that disturbs them.
It's also his staggering disadvantages. He's poor. He's had no formal education and can't read or write. He's an immigrant who doesn't understand the American justice system. He's had no contact with his family.

http://www.oregonlive.com/portland/index.ssf/2015/03/oregon_man_commits_no_crime_bu.html

Oregon man commits no crime, but held in jail for 900 days
By Emily E. Smith

The Oregonian/OregonLive
on March 12, 2015 at 12:18 PM, updated March 13, 2015 at 5:34 PM

CT Woman Teacher,32, Threatened Witness in Rape of Student Case

Danielle Watkins  
Photo: Stamford Police Department

[From article]
A former Connecticut high school teacher awaiting sentencing over a sexual relationship with a student has been arrested again after allegedly threatening a student connected with her case.
Police say 32-year-old Danielle Watkins of Norwalk was arrested Friday. She was first arrested in July, accused of having sex with one student at Stamford High and giving marijuana to another. Police say she threatened one of the victims at a doughnut shop Friday.

http://nypost.com/2015/01/10/teacher-who-had-sex-with-student-threatened-victim-at-donut-shop-cops/

Teacher who had sex with student threatened victim at donut shop: cops
By Associated Press
New York Post
January 10, 2015 | 1:38pm

Former MA Governor Testifies in Terror Trial

Former Governor of the state of Massachusetts, Michael Dukakis, leaving Moakley Federal Court after testifying in support of Robel Phillipos.
Photo by: Mark Garfinkel 

[From article]
What was the Duke’s administration like? Think one too many Dr. Tom Friedens. The brilliance of Joe Biden, leavened with the ethics of Lois Lerner and the even-handed justice of Eric Holder.
As soon as the Duke got off the stand yesterday, the feds should have moved for a directed verdict of guilty. As a judge of character, well, consider the governor’s stellar record of appointees:
• Ex-Essex Sheriff Charles “Chuckles” Reardon, Bureau of Prisons number 20951-038.
• Ex-Middlesex Sheriff Honest John McGonigle, BOP number 20050-038.
• Ex-education adviser and Bridgewater State College president Gerard Indelicato, BOP number 09793-016.
Robel Phillipos, the bad news is, you’re going to prison. The good news is, your good pal Mike Dukakis can call all of his associates and give you the lowdown on what Club Fed is really like.

http://www.bostonherald.com/news_opinion/columnists/2014/10/carr_robel_phillipos_has_friends_in_high_places

Carr: Robel Phillipos has friends in high places
Friday, October 17, 2014
By: Howie Carr
Boston Herald

NJ Attorney Sentenced to Six Life Terms

http://www.upi.com/Top_News/US/2013/09/24/NJ-attorney-to-rap-stars-drug-lords-given-six-life-prison-terms/UPI-79181380061712/#ixzz2frRgM5gO

N.J. attorney to rap stars, drug lords given six life prison terms
Published: Sept. 24, 2013 at 6:28 PM

Military Rape Defense Attorneys Attack Victim In Court

http://www.washingtonpost.com/opinions/ruth-marcus-in-navy-rape-case-defense-lawyers-go-wild/2013/09/05/2c729520-1647-11e3-a2ec-b47e45e6f8ef_story.html

In Navy rape case, defense lawyers go wild
By Ruth Marcus
Published: September 5, 2013

Witness Lists Used to Intimidate Witnesses

John Joseph Moakley U.S. Courthouse Boston, MA

http://bostonherald.com/news_opinion/columnists/howie_carr/2013/05/witness_this_we_re_all_on_whitey_s_list

Witness this: We’re all on Whitey’s list
Saturday, June 1, 2013
Boston Herald
By: Howie Carr

Home Invasion Victims Shot Dead Day Before They Were To Testify

http://www.dailymail.co.uk/news/article-2204985/Alex-Zaldivar-death-Three-friends-lined-shot-head-execution-home-day-theywere-testify-suspects-May-invasion.html

Teen dies and two friends wounded after they are 'lined up and shot in the head execution style during home invasion ONE DAY before they were to testify against suspects in May break-in'
Men broke into Florida home on September 10 - a day before the friends were to appear in court to testify in case for earlier home invasion
Men 'dragged friends from their beds and lined them up in living room'
Alex Zaldivar, 19, grabbed hands of friends and told them he loved them - 'but attackers kicked their hands apart'
Fatally shot but Remington Campos, 23, and Brienna Campos, 20, survived
One suspect from May invasion was out on bond and electronic tag shows he was not at his home during second attack; no arrests have been made
By DAILY MAIL REPORTER
PUBLISHED: 08:34 EST, 18 September 2012 | UPDATED: 09:06 EST, 18 September 2012

FBI and Courts Need Attention of Cleaners

Gelzinis says the FBI was "incompetent, [and] arrogant." This and the Bulger case are limited to negligence of the Boston FBI. It should not be surprising with a one-party government for many years. When one party controls the operations of US offices in the state (no matter which party made the appointments) the offices may become corrupt. See Lord Acton, e.g. The same pattern of negligence, among not just the FBI but also US Attorneys, is found across the nation. For an extreme example see, Robert Rudolph's "The Boys from New Jersey," a book about the longest US Court trial in history. Twenty Lucchese family defendants were acquitted of all charges after a three year trial. The lead defense attorney Michael Critchley summed it up during the trial. "We know who protects us from the criminals, but who protects us from the informants?" The government uses criminals who are only interested in getting out of jail after they commit crimes. In the NJ case the witnesses were more odious than the defendants. The matter needs scrutiny. But elected officials and the taxpayers lack the will to clean up the FBI and the Courts.

http://bostonherald.com/news/columnists/view.bg?articleid=1361219

Just another rotten apple in FBI barrel
Gelzinis">
By Peter Gelzinis
Boston Herald
Thursday, August 25, 2011

Holder's Role in ATF Scandal Not Good

[From article]
"“How is it that the No. 2, 3, 4 at Justice all knew about this program, but the No. 1 didn’t?,” Mr. Issa said. “Is it because he said ‘don’t tell me’? Is it because they knew what they were doing is wrong, and they were protecting their boss? Or is it that Eric Holder is just so disconnected … ?
“Whichever it is — he knew and he’s lied to Congress, or he didn’t know, and he’s so detached that he wasn’t doing his job — that really probably is for the administration to make a decision on, sooner not later,” Mr. Issa said.

http://www.washingtontimes.com/news/2011/jul/26/issa-atf-warns-witnesses-to-limit-testimony/?page=all#pagebreak

[Video embedded]
Issa: Obama admin intimidating witnesses in ATF gun probe
Stephen Dinan and Chuck Neubauer
The Washington Times
Updated: 8:12 a.m. on Tuesday, July 26, 2011

NJ Lawyers Charged With Plot to Murder Witnesses

http://www.northjersey.com/news/Nutley_attorney_accused_of_plotting_with_Paramus_lawyer_to_murder_witnesses_faces_new_allegations.html

Nutley attorney accused of plotting with Paramus lawyer to murder witnesses faces new allegations
Monday, June 6, 2011
BY PETER J. SAMPSON
STAFF WRITER
The Record