In a remarkable admission, former Manhattan prosecutor Daniel Bibb has stated that he intentionally threw a murder case because he did not believe the evidence. The case against David Lemus and Olmedo Hidalgo has become a major embarrassment for District Attorney Robert Morgenthau, who is seeking reelection. Lemus was later acquitted and the charges dropped against Hidalgo in the Palladium case.
Called the Palladium case, the two men were convicted in 1992 of a Nov. 23, 1990, murder of bouncer Marcus Peterson outside the Palladium nightclub. Yet, in 2003, a drug dealer admitted to killing and judge ordered a new hearing based on the new evidence. A responsible prosecutor would have been eager for such review. But Bibb said that his bosses wanted to fight over his objections.
He decided that he could not risk pulling out and have a prosecutor who would zealously fight the case. Instead, he decided to undermine the prosecution and “did his best” to throw the case.
It is a very problematic position. He was right to fight to drop the case, but secretly throwing the case violates an obligation to the office. While I respect Bibb’s efforts, he should have refused to take the case if he believed that the men were innocent. Morgenthau is legitimately being attacked over the case. His office appeared more eager to protect a conviction than to do justice.
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Whatever the reason, the bottom line is that two innocent men are back on the streets. And that is justice!!! A friend of mine was given 54 years for a crime his brother committed, in Brooklyn. His brother fled to Dominican Republic, and there he admitted to an FBI agent that he shot and killed the victim. He said that he’ll not return to New York to face a judge and get 54 years behind bar. “Better him than me!” he said. But the question here is: If he did not commit the crime, why is his brother paying for it in jail? Even after he admitted to everybody that he shot the victim! The Brooklyn DA says that the only way his brother will be out of jail is if he confesses to police here in the US. Is that justice? An innocent man is in jail because the real culprit cannot be brought to justice in New York!!!! To me it smells more like revenge than justice. And a DA that has to have a conviction at any price to satisfy his own track record, no matter what the cost. A sad tale that has been repeated more than enough time in this city and its vendetta against minorities.
Doing wrong to do right doesn’t justify the throwing of a case. As JT said, if he ethically felt he could not continue in his representation he should have withdrawn. If he felt his Office or his witnesses were engaged in fraud on the tribunal he should have reported it to the Bar and the Court. His actions are a disservice to his client [the public] who also has an interest here in relying upon their advocates to advocate. If this were a defense lawyer who “threw” the case in favor of the prosecution, would there be any debate about this regardless of the apparent guilt of the accused. Ultimately Bibb did the wrong thing for arguably the right reasons, but in my business that is no justification, especially when you have other options. Bibb is the lawyer and he has no right to secretly officiate the outcome.
JT was on WOODTICK’s show again tonight? He must be collecting, what, $50 per show or so! JT: going on lunatic TV is NOT good for your credibility, plus in 10 years your kids are going to be saying “you went on TV with HIM (oldermann)! yewwwww!!!!
As opposed say to Regent University graduate Monica Goodling’s love-fest with Rovian style perverted justice.
JT
For whatever reason on KO tonight camera kinda caught your left eye at a bad angle.
I’m thinking go with a monocle. Outstanding fashion statement.
This is what happens when Liberals run Prosecutor’s offices in state & local government.