Prosecutorial Misconduct - The Judge, Prosecutor & his Lawyer broke the law
Press play below to listen !!!!
The prosecutor is badgering Delamar, while the Judge stays mum. Meanwhile they were in possession of the brady material that could have freed Delamar.
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We are seeking an appellate firm to file (new discovery) 440 motion and a (ineffective counsel) 330.30 motion.  Delamar is currently incarcerated in a NYS prison. He was wrongfully convicted in 2006 in Oneida County Court in Utica NY. He had 3 trials in one year, and the lst two were hung juries. The 3rd trial is where unlawful acts were committed by the prosecutor. By law that will result in an automatic dismissal, once the motions are filed.
During the 3rd trial, while the jury was in their 9th of 11th day of deliberations. The prosecutor decided instead of seeking justice, he was more interested in winning the case. The prosecutor received a voluntary statement (brady material), from a prisoner in the county jail via Oneida County Sheriff department,  who has no affiliation whatsoever with Mr. Brown. He provided a written statement declaring that he was an eyewitness to Castro (gang member, prosecution star witness) commit the murders. That brady evidence would have been favorable to his defense and might have resulted in an acquittal or the 3rd hung jury. Unbeknownst to Mr. Brown and his attorney the prosecutor decided to send an investigator to the county jail the following day and coerce Mr. Bibbins to recant his written statement, while the jury was still deliberating.
The transcript reflects the Judge literally turning over the withheld brady material, after the jury returned with a guilty verdict and were dismissed. Nevertheless, his attorney stayed silent and never requested to set aside the verdict to conduct an evidentiary hearing. Nor did he thereafter send an investigator to follow up on the documents. During his direct appeal he asked the court appointed appeal attorney Peter Digorgio to raise those issues and he stated he couldn't because he can only address the trial minutes. The miscarriage of justice happened after the trial. You can view two these documents on the - “Route to freedom” page.
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