CV of a law professor specializing in prosecutorial misconduct

EDUCATION¶

New York University School of Law, J.D.¶

Princeton University, B.A., cum laude¶

1966¶

1963¶

TEACHING EXPERIENCE¶

Courses taught: Constitutional Law, Evidence, Criminal Law, Criminal Procedure, Trial Advocacy, Criminal Justice Seminar, Prosecutorial Ethics, Judicial Ethics, Death Penalty Litigation, Law and Film.¶

Professor of Law (Tenured)¶

Pace Law School¶

White Plains, New York¶

1976-85, 1988-present¶

James D. Hopkins Professor of Law¶

Pace Law School¶

White Plains, New York¶

(2009-2011)¶

Visiting Professor University College Faculty of Laws London, England¶

1999 (Spring)¶

2002 (Spring)¶

Visiting Professor Syracuse College of Law Syracuse, New York¶

1984 (Spring)¶

Visiting Professor	1982-83
Cornell Law School
Ithaca, New York

EXHIBIT G¶

EFTA00073168¶

PUBLICATIONS¶

Books¶

The Law School Experience: Law, Legal Reasoning, and Lawyering (with Lissa Griffin) (2000)¶

Trial Error and Misconduct (2d ed. 2007) (supplemented annually)¶

Prosecutorial Misconduct (2d ed. 1999) (supplemented annually)¶

Trial Error and Misconduct (1997) (supplemented annually)¶

Prosecutorial Misconduct (1985)¶

Book Chapter¶

The Prosecutor’s Contribution to Wrongful Convictions, J. Acker et al., Examining Wrongful Convictions – Moving Back, Stepping Forward (Carolina Academic Press 2014).¶

Law Review Articles¶

Threats and Bullying by Prosecutors, 46 Loyola University Law Review327 (2014)¶

Subverting Brady v. Maryland and Denying a Fair Trial: Studying the Schuelke Report, 64 Mercer Law Review 683 (2013)..¶

Pre-Plea Disclosure of Impeachment Evidence, 65 Vanderbilt Law Review En Banc 141 (2012).¶

Educating Prosecutors, and Supreme Court Justices, on Brady v. Maryland, 13 Loyola New Orleans Public Interest Law Journal 517 (2012).¶

Judicial Interference with Effective Assistance of Counsel, 31 Pace Law Review 560 (2011)¶

Prosecutorial Decision-Making and Discretion in Charging Decision, 62 Hastings Law Journal 1259 (2011)¶

The Zealous Prosecutor as Minister of Justice, 48 San Diego Law Review 151 (2011)¶

2¶

EFTA00073169¶

Supervisory Power of the New York Courts, 14 Pace Law Review 41 (1994)¶

3¶

EFTA00073170¶

The New Prosecutors, 53 Pittsburgh Law Review 393 (1992) [reprinted in Criminal Practice Law Review (Michie Company, 1993)]¶

A Moral Standard for the Prosecutor’s Exercise of the Charging Discretion, 20 Fordham Urban Law Journal 513 (1993)[reprinted in The Jury Trial in Criminal Justice (Koski ed. 2003)]¶

A Tribute to Thurgood Marshall, 13 Pace Law Review 297 (1993)¶

Justice William J. Brennan, Jr.: The Moral Force of His Language, 11 Pace Law Review 509 (1991)¶

The Thin Blue Line: Art or Trial in the Fact-Finding Process?, 9 Pace Law Review 275 (1989)¶

Proving the Defendant’s Bad Character, 11 American Journal of Trial Advocacy 477 (1988)[reprinted in Criminal Practice Law Review, Michie Company (1989)]¶

Entrapment, Shocked Consciences and the Staged Arrest, 66 Minnesota Law Review 567 (1982)¶

Abscam, the Judiciary and the Ethics of Entrapment, 91 Yale Law Journal 1565 (1982)¶

The Perjury Trap, 129 University of Pennsylvania Law Review 624 (1981)¶

Book Reviews¶

Clarence Darrow, The Story of My Life, Trial, p. 80 (April 1997)¶

Wendy Kaminer, It’s All the Rage, Trial, p. 85 (September 1995)¶

David Von Drehle, Among the Lowest of the Dead: The Culture of Death Row, New York Law Journal, p. 2 (May 16, 1995)¶

Martin Friedland, The Death of Old Man Rice, Trial, p. 90 (March 1995)¶

Hans Zeisel, The Limits of Law Enforcement, 33 Journal of Legal Education 745 (1983)¶

Abscam Ethics: Moral Issues and Deception in Law Enforcement (M. Caplan ed.), 52 George Washington Law Review 166 (1983)¶

4¶

EFTA00073171¶

Recent Blogs¶

Preet Bharara Talks Too Much, Slate, March 2, 2015¶

Smartphones, Smart Ruling, Huffington Post, June, 2014¶

Cruel Justice – The Case of Don Siegelman, Huffington Post, June, 2014¶

Don’t Let the Prosecutor Off the Hook, Huffington Post, May, 2014¶

New Commission to Regulate Prosecutorial Misconduct, Huffington Post, May 2014¶

Smartphones and Befuddled Justices, April, 2014¶

Hurricane Carter’s “Pig Circuis” Trials, Huffington Post, May, 2014¶

The Senate’s 7 Cowards, Huffington Post, March, 2014¶

Dumb District Attorneys, Huffington Post, March 2014¶

Refusing to Defend Unjust Laws: Prosecutorial Discretion or Prosecutorial Nullification?, Huffington Post, February, 2014¶

Licensing Crimes, Huffington Post, May 2013¶

CIA’s Paranoid Response on Drones, Huffington Post, March, 2013¶

Cops Are Stupid But Prosecutors Are Smart, Huffington Post, April, 2011¶

Why Barry Bonds?, Huffington Post, April, 2011¶

8¶

EFTA00073175¶

Clocking Trials, Huffington Post, May, 2011¶

“Three Generations of Imbeciles Are Enough”, Huffington Post January, 2012¶

9¶

EFTA00073176¶

Pardoning Criminals — Appropriate Mercy or Perverting Justice?, Huffington Post January, 2012¶

Immigration Justice: Biased, Irrational, Unfair, Huffington Post January 2012¶

How Immigration Courts Contaminate American Justice, Huffington Post January, 2012¶

Criminalizing Lies — An Unusual Free Speech Case in Supreme Court, Huffington Post, February, 2012¶

It’s Not About Conscience, It’s About Bullying, Huffington Post February, 2012¶

51st State — “Tranquility” or Puerto Rico?, Huffington Post, February, 2012¶

Law Schools in the Dock, Huffington Post, March, 2012¶

Charging George Zimmerman: Why Bypass the Grand Jury? Huffington Post April 2012¶

Were Trayvon Martin Witnesses Coached? Huffington Post, May 2012¶

When Rabbis Muzzle Sex Crimes Victims, Huffington Post, May 2012¶

Corruption, Bribery, and the Quid Pro Quo Conundrum, Huffington Post, June 2012¶

Teaching Tolerance to Boy Scouts, Huffington Post, July 2012¶

The District Attorney and the Penn State Scandal, Huffington Post, July 2012¶

Why Hasn’t Lance Armstrong Been Prosecuted? Huffington Post, October 2012¶

Did Puerto Rico Really Vote for Statehood? Huffington Post, November 2012¶

Recent Op Ed Pieces¶

The Eric Garner Case Cries Out for Disclosure, Newsday, December 9, 2014¶

Gun Owners have a Responsibility, Journal News, December 29, 2012¶

Alas, Assembly Scandal Nothing New, Journal News, September 9, 2012¶

Police Did Not Need to Kill Kenneth Chamberlain, Journal News, May 13, 2012¶

Silencing Amicus Curiae, National Law Journal, March 21, 2011¶

10¶

EFTA00073177¶

11¶

EFTA00073178¶

Reporters Under Subpoena, National Law Journal, January 10, 2005¶

Cracking Justice’s Facade, National Law Journal, October 11, 2004¶

Let’s Untie Judicial Hands, National Law Journal, August 9, 2004¶

Independent Labs Are Best, National Law Journal, June 14, 2004¶

Prosecutors Tell Lies, Too, National Law Journal, March 22, 2004¶

The Spin, Confidentially, National Law Journal, July 21, 2003¶

Prosecutors’ Tug of War, National Law Journal, November 18, 2002¶

Scholarly Papers at Conferences and Symposia¶

Sentence Structure: The Elements of Punishment, Loyola University Chicago School of Law (April 4, 2014)¶

Prosecutorial Ethics and Brady v. Maryland: Mercer Law School (October 5, 2012).¶

Prosecutorial Immunity: Deconstructing Connick v. Thompson – Loyola University New Orleans Law School (November 4, 2011).¶

The Most Dangerous Power of the Prosecutor – James Hopkins Memorial Lecture – Pace Law School (Oct. 6, 2008)¶

Prosecutorial Ethics and the Right to a Fair Trial – Case Western School of Law (January 26, 2007)¶

Reflections on Brady v. Maryland – South Texas Law School (November 4, 2005).¶

Prosecutorial Ethics and Victim Rights – Lewis & Clark Law School (March 11, 2005)¶

Misuse of Forensic Evidence By Prosecutors – Oklahoma City University Law School (March 6, 2003)¶

Problems of Cooperating Witnesses – Benjamin Cardozo Law School (November 30, 2000)¶

12¶

EFTA00073179¶

The Prosecutor’s Duty to Truth, Georgetown Law Center, Symposium on Government Ethics (March 30, 2000)¶

The “Term Limits” Case – Conference on the Supreme Court and Local Government Law: The 1994-95 Term – Touro Law School (October 6, 1995)¶

Urban Criminal Justice – Is It Fair? Does It Appear Fair? Stein Center for Ethics and Public Interest Law – Fordham University School of Law (November 18, 1992)¶

The Expanding Criminal Law – CATO Institute, Washington, D.C. (November 15, 1990)¶

Prosecutorial Discretion – Conference on Municipal Law, Brigham Young Law School, Salt Lake City, Utah (March, 1987)¶

The Struggle for Justice - Law Day Keynote Speech, Rockland County Bar Association (May 1, 1992)¶

How Just Are Our Courts? - The League of Women Voters, Ossining, New York (September 12, 1991)¶

Grand Jury Abuse, - League of Women Voters, Bronxville, New Work (November, 1985)¶

The Hinckley Trial and the Insanity Defense - Cornell Law School (March, 1983)¶

ABA Symposium for Judges and Prosecutors on Victims' Rights, Dubai, United Arab Emirates(January 19-21,2011)

ABA Roundtable on Revisions to Criminal Justice Standards,Texas law School November 19,2010

Criminal Discovery in New York State,New York State Judicial Institute,November 54,2010

Missouri Office of Prosecutorial Training,Osage Beach,MO(March 21,2008)

Update on New York State Criminal Law,Judicial Institute(January 8,2004).

Orientation Program for Newly-Elected and Newly-Appointed Judges and Justices,N.Y.S.Office of Court Administration(1994-present)

Summer Judicial Seminar for New York State Trial Judges(1995,1996)

13¶

EFTA00073180¶

Other Recent Speaking Engagements¶

Keynote Speaker, Innocence Symposium, Albany Law School, April 23, 2015¶

Editorial Spotlight, Journal News. Future of Gun Laws, December 20, 2012¶

14¶

EFTA00073181¶

Debate Over Gun Control, League of Women Voters – Ridgefield Ct, September 13, 2012¶

American Bar Association, Annual Litigation Meeting, Panel on Prosecutorial Misconduct, Washington D.C. April 17, 2008¶

Victims and the Criminal Justice System, Judicial Institute – April 4, 2008¶

USA Patriot Act - Hudson River Museum – June 10, 2003.¶

Forensic Evidence – Moderator - Judicial Institute - May 22, 2003.¶

Lawyers and Media - Public Relations Association of America – Sept. 10, 2003.¶

The Brady Rule Forty Years After – Annual Mid-Hudson Trainer – November 14, 2003.¶

USA Patriot Act – White Plains Democratic Committee – December 3, 2003.¶

Religious McCarthyism – Benjamin Cardozo Society – December 8, 2003.¶

The Bill of Rights – 212th Anniversary – St. Paul’s Church – December 15, 2003.¶

Terrorism and Civil Liberties – Sarah Lawrence College – March 6, 2004.¶

Expert Opinion, Testimony, and Consultation¶

Bozella v. County of Dutchess (deposition)¶

Donald Eugene Gates v. The District of Columbia (deposition)¶

State Bar of Arizona v. Thomas, Aubuchon, and Alexander (Aug. 30, 2011)(deposition)¶

Oliver Jovanovic v. City of New York et al., (2009)(expert report)¶

Kevin Fox v. Will County (October 18, 2007)(deposition)¶

Harrington v. Pottawattamie County (January 22, 2007)(deposition)¶

New York State Assembly Codes Committee, Hearing on New York State’s Death Penalty (January 21, 2005)(testimony)¶

U. S. Congress, House Committee on Government Reform (February 25, 2002) (Amendment to 18 U.S.C. §1503)(testimony)¶

15¶

EFTA00073182¶

U. S. Congress, House Judiciary Subcommittee (July 27, 2000) (Testimony on H.R. 4015: Fair Justice Act of 2000)(testimony)¶

State of Louisiana v. Kyles (October 31, 1997)(testimony)¶

State of Connecticut v. Valentin (March, 1995)(testimony)¶

Commonwealth of Kentucky v. Davidson (April, 1992)(testimony)¶

Matter of Anonymous, Grievance Committee, Massachusetts Bar Council (March, 1986)(testimony)¶

PROFESSIONAL ACTIVITIES¶

Member, Editorial Advisory Board, Criminal Law Bulletin.¶

Consultant, New York State Board of Bar Examiners (2000-2012)¶

LITIGATION EXPERIENCE¶

Prosecutorial Work¶

Office of the New York State Anti-Corruption Prosecutor (1973-76)¶

Chief, Appeals Bureau, Special Assistant Attorney General (1974-76)¶

Chief, Bronx Anti-Corruption Unit (1973-74)¶

Argued cases in state and federal courts involving public and political officials charged with corruption. (See, e.g., Cunningham v. Nadjari, 39 N.Y.2d 314 (1976); Nigrone v. Murtagh, 36 N.Y.2d 421 (1975); People v. Mackell, 40 N.Y.2d 59 (1976)¶

Office of Frank S. Hogan, District Attorney, New York County (1967-72)¶

Assistant District Attorney, Homicide, Rackets, and Appeals Bureaus. Investigated, tried and argued on appeal hundreds of felony cases, including murder, kidnapping, and corruption cases. Conducted major rackets investigations (e.g., municipal loan scandal and organized crime)¶

Member, Mayor’s Committee for the Enforcement of Law During Civil Disorders (1969)¶

Criminal Defense Litigation¶

16¶

EFTA00073183¶

Author of Amicus Brief in Matter of Robert Gorghan v. DeAngelis et al., New York State Court of Appeals (September, 2006).¶

Author of Amicus Brief in People v. Angel Mateo, New York State Court of Appeals (February, 2004)¶

Author of Amicus Brief in U.S. Supreme Court in Jacobson v. United States, 503 U.S. 540 (1992) on behalf of American Civil Liberties Union and National Association of Criminal Defense Lawyers¶

Argued numerous federal and state criminal appeals involving significant criminal defense issues (See, e.g., People v. Brims, 66 N.Y.2d 61 (1985) (confessions); Hynes v. Karrasik, 47 N.Y.2d 659 (1979) (stealing records); People v. Ellis, 62 A.D.2d 469 (1978) (judicial misconduct); United States v. DiTommaso, 817 F.2d 102 (2d Cir. 1987) (right to counsel); People v. Howard, 513 N.Y.S.2d 973 (1987) (discovery); Hoff v. Kelly, (unreported) (2d Cir. 1987) (speedy trial); People v. Saraireh, 134 A.D.2d 464 (1987) (accomplice corroboration); People v. Mezon, 80 N.Y.2d 155 (1992) (suppression of evidence)¶

Defended murder, conspiracy, and other complex federal and state felony indictments (1976-present)¶

Panel member, Federal Criminal Justice Act Panel in the United States District Court for the Southern District of New York (1985-1992)¶

Panel member, Homicide, Felony, and Appellate panels, First Department, New York State Supreme Court (1976-present)¶

Assisted in death penalty litigation with Southern Prisoners Defense Committee, Atlanta, Georgia (1989-90)¶

Supervised law students on death penalty appeal, Alabama v. Duncan, 575 So.2d 1198 (1990) (remanded)¶

Assistant Public Defender, Rockland County (1984-85)¶

AWARDS¶

Pace Law School Outstanding Professor of the Year Award (May 23, 2004)¶

Pace Law School Outstanding Professor of the Year Award (May 18, 2003)¶

Pace Law School Outstanding Professor of the Year Award (May 19, 2002)¶

Pace Law School Outstanding Professor of the Year Award (May 20, 2001)¶

17¶

EFTA00073184¶

Pace Law School Outstanding Professor of the Year Award (May 21, 2000)¶

Pace Law School Outstanding Professor of the Year Award (May 31, 1998)¶

New York State Bar Association, Criminal Justice Section Award for Outstanding Work in Criminal Law Education (January 24, 1991)¶

18¶

EFTA00073185¶

Keyboard shortcuts

Go to a page: `g` then