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February 28, 2002
Law Professor Shares His Thoughts On Today's Court Decision
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First Reactions
Main Story
New York-WABC, February 28, 2002) The decision this morning
by the second U.S. Circuit Court of appeals, will likely have people
talking all day. Professor Jim Cohen from the Fordham Law School
discussed his thoughts on the decision on Eyewitness News at noon.
"The
judicial basis for what happened today is that Mr. Schwarz's trial
council had a conflict of interest because he represented Mr. Schwarz
as well as representing the police union. And the other basis is
that the jury was apparently exposed to some prejudicial information
during deliberations.
Prejudicial
material could mean anything. It could mean media reports that somehow
they were exposed to. It could also be that somebody said something
to one of them or a family member exposing them to somethings.
As for all
three of the men, two of them are off the hook. Insufficient evidence
means that their cases have to be dismissed. Mr. Schwarz is eligible
to be retried on the original civil rights charges that he was convicted
of and that this decision reverses.
As far as
Justin Volpe, he has nothing to do with this. Unless, there is a
conflict that he is going to claim, again in terms of his representation,
he is not involved in this at all."

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