Representing Defendant & Gov't Witnesses Sparks Mistrial, Finger-Pointing
Representing, at various times, both the defendant in an attempted murder case and witnesses that the prosecution intends to call at trial put a New York prosecutor and public defender’s office in the hot seat.
Judge Andrew Ceresia declared a mistrial yesterday in the week-old Troy trial after assistant public defender Gregory Cholakis told him that he and his office apparently represented prosecution witnesses in the case of his current client, Ariel Myers, in prior criminal matters, reports the Times Union.
The judge granted Myers a new trial and will appoint him a new attorney unaffiliated with the Rennselaer County Public Defender’s Office, reports the Troy Record.
District Attorney Richard McNally was not pleased, saying “This is either stupidity or sabotage, and either way it is shabby lawyering,” since Cholakis had a witness list, according to the district attorney, prior to trial.
However, Cholakis says he and his client are unhappy, too, and points out that he kept the court informed. He tells the Record that he brought the conflict to the judge’s attention last week, as soon as he knew about it, and blames the district attorney’s office for not figuring the situation out sooner.
“I have been fighting for six months, eight months to try and learn of all the witnesses in this case. The district attorney’s office has fought me at every step, and I’ve not been permitted to have that information,” Cholakis tells the Record.
The judge said the court should have been notified earlier of the conflict, but it’s not clear who he blames for the lapse.
