The Relationship Between The Department of Justice and NYPD
The relationship between NYPD and the Southern and Eastern Districts of New York is unique because many federal cases charged in these districts are actually unsolved state cases that were previously investigated by elite NYPD detectives who were unable to obtain probable cause to effect an arrest.
Whether it be a homicide, robbery or brutal rape, NYPD detectives will investigate thoroughly. They want to find the perpetrator and make an arrest. They spend months and years investigating and prepare dozens to hundreds of police reports relating to their investigations.
NYPD Cold Case Unit And Open State Homicides
When NYPD detectives are unable to make an arrest the state investigation remains “open.” Sometimes “open homicide cases” are referred to the “cold case” unit of NYPD. Detectives from this unit re-investigate the homicide and prepare additional police reports based on their findings.
Many defendants are charged in federal court with state homicides that remained “open” for as many as 5, 10, 15, 20, 25, 30 years.
Cooperating Witnesses, Admitted Killers And Drug Dealers
Overwhelmingly, the key evidence in these cases that are charged decades later in federal court will be testimony from cooperating witnesses.
These witnesses are admitted killers, drug dealers, and dregs of society. The type of people who would lie about their own mother to benefit themselves.
These cooperating witnesses are often scripted by prosecutors and agents during meetings called “proffers.” They are taught to provide the narrative they are given, and if they don’t adhere they go to prison for the rest of their lives. Talk about extortion!
The System
Here’s how it works.
Law enforcement and prosecutors target individuals who have been arrested and are facing a lengthy prison sentence.
They dangle open homicide cases in front of their eyes and teach them how to play the game. Work for Team U.S.A. and receive your get out of jail free card.
State Law vs. Federal Law
In New York State court a defendant cannot be convicted based solely on testimony from a co-conspirator who is a cooperating witness.
In federal court a defendant can be convicted solely on the words of scripted, admitted killers who become cooperating witnesses.
Critical Police Reports That “Disappear” Cherry Picking!
When a defendant is charged in federal court with a crime previously investigated and classified as an “open” case by NYPD, all reports of the investigation are transferred to federal prosecutors and agents.
The government routinely conceals any NYPD police reports that contradict and severely undermine the credibility of their witness. A term that is referred to as “cherry picking.”
Both prosecutors and law enforcement agents review the reports. Any report that is inconsistent with their cooperating witness’s version of events — or their own general theories of a case — gets “buried,” the report disappears, it’s gone!
In other words, quite often the government fails to meet their discovery requirements by turning over police reports to the defendant’s lawyer that are favorable to the defendant.
A Zealous Defense
Based on these reports, an experienced defense investigator would conduct subsequent investigation critical to a defendant. A zealous defense attorney will use any favorable information obtained from these police reports to cross examine a government witness and challenge his or her credibility.
Often there are inconsistencies between the governments witness and the information that was first documented in police reports that were taken by detectives around the actual time the crime was committed. These inconsistencies can sometimes prove critical to a defendant.
A jury will evaluate witness testimony and then ultimately make a determination as to whether or not the government has reached its burden of proof, which is “beyond a reasonable doubt.”
They Just Don’t Care
Unfortunately, many court-appointed defense lawyers don’t want to buck the system. It’s almost a “fight only hard enough to make it look good” mentality.
Why? Court-appointed attorneys are assigned cases by federal judges. They work on a three-year contract and at any time their status can be rescinded by a judge in the district without cause and there is no recourse.
So, they stop making money. In short, many defense lawyers don’t want to provide a strenuous defense and fight zealously for the minority clients they are assigned to defend. Sadly, many of them just don’t seem to care.
