Appellate Practice

Judge Rushed Murder Case Summation to Get to St. Maarten for Pina Coladas, Alan Dershowitz Argues

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It isn’t just in Nevada that a judge’s vacation plans reportedly may have trumped the defendant’s right to an unhurried trial.

Famed attorney Alan Dershowitz blasted Queens Supreme Court Justice Robert Hanophy in an argument before a New York state appeals court today, contending that his client’s defense lawyer at trial was rushed into a closing without adequate preparation time because the judge was eager to start his vacation in St. Maarten, reports the New York Post.

“It was just an abuse of discretion,” Dershowitz told a panel of the Appellate Division’s Second Department in Brooklyn. “This was a murder case. His vacation schedule trumped everything. You don’t make decisions based on sipping piña coladas.”

In addition to arguing that his client, Mazultov Borukhova, was denied “meaningful” representation of counsel due to the hurried summation schedule, Dershowitz also said hearsay evidence was improperly admitted.

Prosecutor Donna Aldea disagreed, praising trial counsel Stephen Scaring’s “beautiful” two-hour closing for the defense and arguing that the state prevailed because of “overwhelming evidence” and “a defendant who took the stand and lied.”

Earlier coverage:

ABAJournal.com: “Judge Saves Her Vacation by Putting Jury to Work at 3 a.m.”

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