SNITCHES GET STITCHES
In People v. Henderson, Brian Henderson was convicted of attempted assault in the first degree and sentenced -- as a second felony offender -- to 16 years to life.
Apparently, a fight broke out at Rikers Island, causing injury to Pablo Pastrana, a fellow inmate. Henderson was implicated in the incident and was tried for attempted assault. When Pastrana claimed Henderson wasn't the inmate who attacked him, prosecutors questioned Pastrana's credibility and suggested he was lying because he was intimidated by Henderson. That theme continued through summation when a prosecutor proclaimed to the jury, "[s]nitches get stitches," and that the case was about Henderson's "arrogance and thinking that no one would be here to testify ... against him. He got the victim [Pastrana] to testify for him."
Once summations ended, the defense asked the judge for a mistrial, claiming that the prosecutor improperly implied Pastrana had been coerced into testifying in Henderson's favor. That request was denied by the Bronx County Supreme Court.
On appeal, the Appellate Division, First Department, could discern no prejudice caused by the prosecutor's trial tactics and noted it was appropriate on cross-examination to inquire whether Pastrana's testimony had been forced.
A lone dissenter -- Justice Catterson -- was of the opinion reversal was warranted since the defendant had been "substantially prejudiced by the People's improper comments." Catterson noted that, without evidence of intimidation by Henderson, prosecutors lacked a "good faith basis to question [Pastrana's] credibility."
Will the Court of Appeals be doing some stitching of its own?
To download a copy of the Appellate Division's decision, please use this link: People v. Henderson
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Comments
What medication are you and Judge Catterson on? Henderson was convicted based on the eyewitness testimony of two corrections officers!
It is very interesting that you both decided to ignore that fact. It is also very interesting that Judge Catterson felt a need to include a footnote that Henderson was "African-American." Why? Was this a racial incident?
Posted by: SpryS | July 22, 2008 9:30 AM
SpryS,
This is the situation presented here.
1. Classic setup -- someone in authority is looking to send Henderson upstate for a nice, long stretch.
2. "Racial" doesn't have the same meaning in prison that it has in the outside world. Prisoners have their own affinity groups: both subracial and transracial.
3. Whether or not Henderson was the stabber, it is doubtful Pastrana would have testified on his behalf unless he was told to do so by his godfathers (commonly referred to by police and the media as "gang" leaders) as the result of a deal brokered between two groups. Under normal circumstances he would just clam up unless directed to do otherwise.
4. Since Henderson stabbed Pastrana, they would no longer be housed in the same facility. The prosecutor's question was totally misleading and prejudicial when he asked Pastrana didn't he last see Henderson "downstairs." Of course he had seen Henderson "downstairs." They were both transported from Rikers that morning and held in the same prisoner bullpen in the courthouse. I will bet $100.00 that this was the first time they had seen each other since the day of the fight. Defense counsel should have gone to town with this on redirect to make the DA look like a jackass.
5. And what do you think those two corrections officers would be doing for the rest of their careers had they not testified in conformance with the DA's wishes --- eternal nights and weekends at RNDC -- the lockup for 16-18 year old males.
Unfortunately, you made your debut here with ad hominem attacks against Lucas and a Justice of the Appellate Division --- very bad form.
Posted by: Gines Pasamonte | July 22, 2008 11:54 AM