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 insisted upon conducting 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. Original FOIL Filing documents
August 2013
Eventually the matter reached Judge F. Dana Winslow who was outraged by the the arrogance of the District Attorney and their lack of transparency upon the conclusion of the conviction review. After providing the DA ample opportunity to explain their actions Judge Winslow issued a bench Decision and Order (transcript pdf) ordering the DA to turn over “every piece of paper you have generated for People against Friedman”. — Press report
That Order was immediately stayed pending appeal by the DA’s office to the Appellate Division, Second Department. Sadly, that stay order remained in effect for four and a half years forestalling Friedman’s “Actual Innocence” hearing and his pending Motion for Discovery.
Petitioner’s Reply Memorandum of Law regarding FOIL document disclosure (Read PDF)
September 2013
Friedman Asks Appellate Court to Open Files of Police Investigation (Click to read)
Press Coverage here, and here.
2014
Delays continue while appeal before the Appellate Division remains pending.
February 2015
Oral argument before Appellate Division, Second Department. (press release)
New York Times Editorial
December 2015
Decision from the Appellate Division (two years after initial filing and tens months after oral arguments before the court) which is immediately appealed to the NYS Court of Appeals by the District Attorney.
Motion for Discovery stayed pending resolution of FOIL litigation. (press release)
June 2016
District Attorney files appeal with the New York State Court of Appeals regarding Friedman FOIL request to open case files. Click to read legal brief or, press coverage.
Friedman’s Actual Innocence hearing continues to be held in abeyance.
Amici Briefs in Support of Friedman’s FOIL Request
- Brief of Amici Curiae of the Reporters Committee for Freedom of the Press and 19 Other Organizations in Support of Appellant (pdf)
- Brief of Amici Curiae National Association of Criminal Defense and New York State Association of Criminal Defense Lawyers in Support of Appellant (pdf)
October 2017
Oral Arguments before the NYS Court of Appeals video link
November 2017
Decision from the New York State Court of Appeals in the Matter of Friedman v. Rice
Some press explanation of the Decision. And our press release explaining the Court’s ruling.
The Court overruled the lower court’s decision to consider documents related to “any witness who does not testify at trial” to being “confidential witnesses” and therefore non-disclosable”. This is a victory for open government but only a partial victory for Jesse Friedman. The Court failed to uphold the blanket “Order to Disclose” and sent the matter back to Nassau County Court for judicial review on a page-by-page basis.
January 2018
After three years of delays Judge Murphy orders DA to turn over FOIL documents to defendant.
The DA’s Office begins an process of “going though one or two boxes a week” out of approximately 35 files boxes of documents. Submitting letters to the court itemizing which pages they feel are disclosable and which are sealed. Page, by page, for months at a time, disclosure creeps along. This is mostly what they disclose.
