Legal Question in Criminal Law in New York

Can Prior police perjury vacate verdict in unrelated case?

Can prior, provable perjury of police officers in a civil case in which they were defendants/witnesses be used as grounds for an appeal of a verdict in an unrelated criminal case that took place some years later?

These officers were major witnesses against the criminal defendant who had unsuccessfully raised issues of misconduct by these officers in his defense.

The extensive prior perjury was unknown by both the prosecutor and defense attorney.

The criminal case involved a well publicized attempted murder trial in Western NY which later became a TV movie, ''With Murder in Mind''.


Asked on 1/02/02, 10:20 am

1 Answer from Attorneys
David Shestokas Shestokas, & Associates

Re: Can Prior police perjury vacate verdict in unrelated case?

It may be possible to bring a late appeal based upon new evidence. The new evidence usually needs to be related to the issue of innocence, not just to the fact that some witness may have lied. If the officers' testimony is related to that subject there exists a possibility of reopening the case.

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Answered on 1/02/02, 2:23 pm


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