LexPress: Morgenthau Responds
By Jesse Sunenblick
jsunenblick@judicialstudies.com
Posted: 06-30-08
Manhattan District Attorney Robert Morgenthau responds to a New York Times story about a skeptical prosecutor who says he tanked a case against a man he believed to be innocent.
THE "UNYIELDING PURSUIT OF JUSTICE"
Last week, The New York Times ran an expose in which a prosecutor in Robert Morgenthau’s office explained his resignation after intentionally losing a case against a man he believed to be innocent. Today Morgenthau responds, accusing the former DA, Daniel L. Bibb, and the Times of misconstruing the facts.“Mr. Bibb was never asked to prosecute someone he believed to be innocent, Morgenthau writes. “He was asked to participate in a fact-finding hearing essential to determine the position my office should take with respect to two murder convictions.” Continues Morgenthau: “As the district attorney of New York County since 1975, I stand for the truth, and have taught generations of my assistants to do the same. Mr. Bibb recognized that in his letter of resignation, in which he wrote, ‘I will also always remember the consummate professionalism of the office and its unyielding pursuit of justice.’”
THE SECRET TAPE AND JUDGE BLUMENFELD
Queens Supreme Court Justice Joel Blumenfeld has ordered a new trial for a man who has served 13 years of a life sentence for murder, The Daily News reports, after a newly obtained taped confession by another man surfaced. “He wouldn’t listen to me, so I had to do what I had to do. Stabbed him about seven times or something like that,” said the man — whose identity is being withheld since he has not yet been named a suspect. “He was innocent from the beginning. That’s what was tearing me apart," said the father of the imprisoned man, Kareem Bellamy.
PHANTOM SYMPTOMS, IMPATIENT JUDGE
The Daily News also delves into the complex 9/11 recovery worker litigation. After prosecutors alleged that many claimants appeared to suffer from symptoms no more severe than the common cold, a clearly impatient Southern District Judge Alvin Hellerstein has asked attorneys to produce medical records for the some 11,000 plaintiffs. Writes The News, “Should the attorneys, led by Paul Napoli and David Worby, fail to deliver, Hellerstein would be fully justified in imposing sanctions. One that comes to mind would be a cap on the size of their legal fees…They have been dreaming of scoring as much as 40 percent of recoveries — which would be on the order of $400 million, a number that is exponentially beyond bounds. Holding the fees to, say, 10 percent would be, while still generous, considerably less shocking to the conscience…The primary goal — actually the only goal — here has been to get full, fair compensation to the thousands of people who suffered respiratory injuries by breathing the airborne toxins released by the collapse of the twin towers. And to do so expeditiously, with limited hassles and minimal expenses for claimants.”

