Donna Aldea, head of Appellate and Post Conviction litigation at Barket Marion, recently obtained a reversal of a double homicide, first degree murder conviction from the Appellate Division, Third Judicial Department. Click on the link to read the story and the decision.
Donna Aldea, head of Appellate and Post-Conviction litigation, and firm associate Alexander Klein recently won an appeal to the Second Circuit Court of Appeals. The court ordered a new trial in the case of an unarmed man who was shot and killed by Suffolk County Police.
Click here to read the Newsday story
Click here to read the brief filed with the 2d Circuit Court of Appeals
Click here to read the Court’s decision
Founding partner Amy Marion was named FAIRYGODBOSS of the week. Click on the link to read the full interview.
Barket Marion attorneys Bruce Barket and Donna Aldea secured the release of Christopher Loeb in Suffolk County Court.
Mr. Loeb was the victim of brutality at the hands of former Suffolk County Police Chief James Burke, who pled guilty and is currently serving a 46 month prison sentence in federal prison.
Click below to read the story.
Click here to read the press release
Barket Marion founding partner Kevin Kearon recently authored an article entitled ‘What Are Ethics?’ for the Nassau Lawyer, the journal of the Nassau County Bar Association.
Click on the link to read the full article.
Barket Marion founding partner Bruce Barket, the attorney for a man central to the case that sent a former Suffolk County police chief to prison filed a motion Wednesday to vacate the judgment against his client.
Christopher Loeb has pleaded guilty to grand larceny and drug possession, but Mr. Barket told the judge that Loeb only pleaded guilty because he says members of the Suffolk Police Department committed perjury during pretrial hearings.
As News 12 has reported, former Suffolk Police Chief James Burke assaulted Loeb after he stole a duffel bag from Burke’s police vehicle. Loeb has maintained that the bag contained pornography and sex toys. Burke was convicted of assaulting Loeb and orchestrating a cover-up.
For the first time, papers filed in state court have revealed that “numerous other members of the Suffolk County Police Department have been indicted, and have pleaded guilty, to crimes committed against Loeb in connection with this incident.”
Barket says at least six officers and detectives have pleaded guilty, including others who testified at Loeb’s suppression hearing.
Documents filed show that the identity of those who pleaded guilty have not yet been disclosed, and their files are currently sealed due to an ongoing investigation.
“You can’t have someone arrested, have them beaten by chief of police, have the chief of police orchestrate a cover-up, and then have individual officers lie under oath at a hearing to determine which evidence should be admitted and what should be excluded,” Barket says. “You have to vacate the conviction, and the case has to be dismissed.”
The U.S. Attorney’s Office would not confirm that other members of the Suffolk Police Department have been indicted or pleaded guilty in connection with the case. A spokesman for the police department said no current members had either, but did not comment on any former officers.
BarketMarion founding partner Steven Epstein was recently published in the prestigious Atticus magazine. The article entitled, ‘Communicating with your jury-DWI jury selection as a two way street’ appears in the Fall 2016 edition, Volume 28, Number 3. Click on the link to read the article.
You can visit the New York State Association of Criminal Defense Lawyers website at www.nysacdl.org
BarketMarion founding partner Amy Marion successfully blocked the City of Glen Cove from deforesting the site of a controversial development project.
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Barket Marion founding partner Amy Marion’s tireless efforts on behalf of a wrongly convicted client has led to a stunning partial victory as a Nassau County judge has dismissed multiple counts against a defendant citing evidence presented by Ms. Marion that he was out of the country on the dates alleged. Although the judge’s decision does not go far enough in that it fails to realize that the false trial testimony of the complainant regarding allegations on dates when the client was outside the country taints the entirety of his testimony, the court’s failure has opened the way for a successful appellate argument.
Click here to read the New York Law Journal story Finding Actual Innocence
Steven Epstein lectured at the National College of DUI Defense 2016 Summer Session held at Harvard Law School.
It is the mission of the National College for DUI Defense to provide the finest advanced-level training available to the DUI Defense Law practitioner. The Summer Session, conducted at the Harvard Law School in July, is the signature program to develop skills for trial, including methods for attacking field sobriety tests, breath and blood tests, for making opening statements and closing arguments, for learning techniques in cross-examining police officers and prosecution experts, and for developing and using defense expert witnesses. Approximately one hundred and forty lawyers from around the country are accepted each year for the program conducted at Harvard Law School.