People of the State of New York v. Mason Smith
Aug 28, 2008OUTCOME: All charges dismissed with prejudice on the motion
The following was my first significant criminal case. My client was a sixteen year old male, illegally arrested on fabricated charges by the New York State Police. The purpose for this arrest was to ... coerce my client into acting as a confidential informant and to make drug buys from traffickers. The police targeted my client based on his alleged reputation of imbibing in marijuana. Without going too deeply into the facts, after a group of local teens trespassed onto his property, in an attempt to steal an expensive stereo from his car, the group attacked him during his attempt to stop the theft of his property. After taking a beating from these brazen thieves, my client picked up a 2x2 and ran the group off of his property and into the next door deli. Upon the almost instantaneous arrival of the State Police, they listened to the lying group of thieves; and without giving my client the slightest chance to explain his side of the transaction, the police charged him with four misdemeanors and two felonies. In addition, the police coerced his ex-girlfriend to apply for an order of protection. The following day, my client stopped at his favorite deli and low and behold, a Trooper just happened to be nearby and just happened to know that my client's girlfriend worked in the deli. This led to the seventh charge and my client’s father begging me to attend the bond hearing. Twenty minutes later, as I drove into the court’s parking lot, I noticed a huge Trooper screaming into my client’s father’s face. This Trooper was so intimidating that my client’s father was sobbing in fear. Out of outrage and naivety, I walked over to this bully and yelled at him to stop! Without even the slightest warning, the 300 pound, 6'-4" Trooper charged me with the intent to cause me severe physical harm. While every instinct in me screamed, "run," I stood my ground and told him that he was committing assault and tampering with a witness. Without even blinking, he told me that he intended to arrest me for disrespecting him. While I had half a dozen sarcastic rebuts for such a stupid remark, I reached around him and grabbed my client's father by the arm and dragged him into the court room with this 300 lb. armed psychopath screaming at me to stop! This Trooper was so out of control that even after the Judge entered the Court room, the Trooper stood behind me demanding that I go outside with him. The situation was so out of control that the judge was in a state of terror. Out of my instinct for survival, I stood up and told the Judge that the Trooper was threatening me and violating my rights, the rights of my client, the rights of every person in the court room, as well as the Article 3 rights of the Court. With that, the judge stated that he had made his decision and released my client on his own recognizance. To defend my client, I questioned all of the surrounding neighbors and found an outraged, retired, lieutenant, detective, and his wife, both of whom witnessed the entire first incident. With their affidavits, as well as my client's ex-girlfriend’s affidavit, I wrote a Motion to Dismiss the charges against my client in the Furtherance of Justice, pursuant to C.P.L., §§ 210.40 and 170.40 alleging very serious police misconduct. Without the slightest objection, the District Attorney requested dismissal of the charges with prejudice.
