During the Spring of 2013, while the District Attorney’s internal “conviction review” had been underway for over two years, the Friedman defense team filed a freedom of information law (FOIL) request with the Nassau County District Attorney. The action was undertaken because the DA conducted their review under a cloak of secrecy, refusing to follow “best practices” for conviction review transparency, and refused to even discuss what evidence was being considered for review.
The appellate court took four and a half years to resolve the matter (thankfully mostly in Friedman’s favor). However, Friedman’s Actual Innocence hearing was adjourned indefinitely during the pendency of the appeals.
FOIL Filing
Judge F. Dana Winslow Decision (Transcript pdf)
Appeal to Appellate Division
Actual Innocence hearing Motion for Discovery
Motion for Discovery stayed (pending Appellate review)
Appeal to the NYS Court of Appeals Brief
Brief of AMICI CURIAE National Association of Criminal Defense Lawyers and NYS Association of Criminal Defense Lawyers
Brief of AMICI CURIAE of the Reporters Committee for Freedom of the Press and 19 Media Organizations in Support of Appellant
NYS Court of Appeals Decision