Judge Dismisses 133 Convictions Tied to Ex-Detective Charged With Perjury
Written by SOURCE on January 22, 2022
A New York City judge has dismissed over 100 felony convictions tied to the testimony of former NYPD detective Joseph Franco, who in 2019 was charged with perjury.
NBC News reports Bronx Supreme Court Justice David Lewis on Thursday granted prosecution requests to dismiss convictions against 133 dependents who were indicted between 2011 and 2015.
“It shows you the unbelievable ripple effect that one individual who wears a shield can have on lives of hundreds, if not thousands,” criminal defense attorney Aida Leisenring told NBC. “Overturning a wrongful conviction is not a substitute for justice, because the damage has already been done. Filing a lawsuit against the NYPD and receiving financial reparations for that, that’s a step towards justice.”
The news arrives nearly three years after Franco, who was fired by the NYPD in April 2020, was indicted on 16 counts of first-degree perjury and related charges. He was indicted on 10 additional counts of first-degree perjury and related charges in July 2019.
“We did not want to dismiss or vacate out of hand all cases he was involved in; we investigated those that hinged on his testimony and sworn statements,” Bronx County District Attorney Darcel Clark said in a statement.
Back in April, after a Brooklyn DA dismissed 90 other cases relating to Franco’s testimony, the former NYPD detective’s attorney called the decision reckless.
“Brooklyn DA Eric Gonzalez’s premature decision to dismiss 90 cases in summary fashion despite an investigation by his office which failed to uncover anything improper, is baseless and irresponsible,” Howard Tanner said. “This shocking and highly publicized decision has created a toxic atmosphere that is prejudicial to Mr. Franco’s constitutional right to the presumption of innocence and a fair trial by an impartial jury. My client, a 20-year decorated former Detective with the NYPD, maintains his innocence and will mount an aggressive defense.”
