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#1249800 - 01/26/11 01:57 PM
Tompkins DA Accused of Misconduct
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newsman38
Senior Member
Registered: 03/21/01
Posts: 3751
Loc: Fourth Estate
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Lawyers claim prosecutor misled jury, judge in ER-assault trial
ITHACA -- Assistant District Attorney David Wade
misled jurors and Tompkins County Judge John
Rowley about the whereabouts of a fourth suspect in
last year's hospital assault trial, according to
motions filed by attorneys for a father and son
convicted in the case.
Wade was prosecuting the suspect, James "Pip"
Marshall, in Ithaca City Court in the months before,
during and after the November hospital assault trial
in Tompkins County Court, according to Lance
Salisbury, who is defending Johnny F. Lucena, 37,
and James Baker, who is defending Johnny J. Lucena,
19.
The attorneys also claim that their clients told
sheriff's investigators about the involvement of
Marshall -- whom they knew as "Pip" -- in the May
14 incident at Cayuga Medical Center, but that Wade
told jurors that the defendants hadn't identified
Marshall because they wanted to shield him from
prosecution.
Among other things, the attorneys are arguing that
Wade's actions denied them information that might
tend to prove their clients' innocence. The attorneys
said in their motions that Wade's actions denied
their clients a fair trial, Wade committed
prosecutorial misconduct and ethical violations,
and they want the verdicts set aside.
"The prosecutor's repeated representations -- that
James D. Marshall had disappeared, that he could
not be located by the prosecution and police
authorities, and that Mr. Marshall was, through no
fault of the prosecution's unavailable for
prosecution or trial -- were nothing short of lies,"
Baker said in his motion.
Tompkins County District Attorney Gwen Wilkinson
said her office will be disputing the allegations in
the motions they plan to file.
The defense attorneys were the ones who injected
Marshall's name in the hospital trial, Wilkinson said,
and there's no proof that the James Marshall in the
Ithaca City Court case is the hospital assailant, not
even probable cause to arrest or detain him for
questioning. There is an ongoing effort to develop a
case against the fourth suspect, but she can't speak
to where that investigation is now.
Jason Leifer, Marshall's attorney for the city court
case, said he couldn't comment on Marshall's
whereabouts because of attorney-client privilege.
The defense attorneys are
asking to make oral arguments on their motions, but
nothing has been scheduled.
Whereabouts of additional suspect at issue
By Raymond Drumsta •rdrumsta@gannett.com • January 25, 2011, 9:45 pm
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#1266334 - 04/06/11 07:19 AM
Re: Tompkins DA Accused of Misconduct
[Re: newsman38]
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newsman38
Senior Member
Registered: 03/21/01
Posts: 3751
Loc: Fourth Estate
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Judge orders retrial in Cayuga ER assault case
The case of three Ithaca men convicted of burglary and conspiracy in Tompkins County Court in November will be retried because of errors that occurred during the trial, a judge has ruled.
Johnny F. Lucena, his son Johnny J. Lucena, and Timothy Daniels, were tried for burglary, conspiracy and gang assault in a case involving an attack on another man in the emergency room at Cayuga Medical Center in May 2010. They were acquitted of the gang assault charges.
However, defense lawyers in the case filed motions in January arguing that Assistant District Attorney David Wade's actions denied them information that might tend to prove their clients' innocence. The attorneys said in their motions that Wade's actions denied their clients a fair trial, Wade committed prosecutorial misconduct and ethical violations, and they want the verdicts set aside.
Lawyers for the Lucenas said the convictions should be thrown out because Wade misled jurors and Tompkins County Judge John Rowley about the whereabouts of a fourth suspect, James "Pip" Marshall, in the trail.
Rowley heard arguments in the motion to dismiss the convictions Feb. 14. On Wednesday, he issued a decision, which said District Attorney Gwen Wilkinson "has conceded that the cumulative errors that occurred during the trial require a new trial."
Tompkins DA acknowledges errors on all sides, denies misconduct
6:51 PM, Apr. 5, 2011
Written by
Liz Lawyer
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