investigation including review of the entire DCSD file trial transcript and

Investigation including review of the entire dcsd

This preview shows page 59 - 62 out of 134 pages.

investigation, including review of the entire DCSD file, trial transcript and interviews with the responsible investigators including Detective Leslie Smith. That investigation resulted in the decision by the District Attorney to ask the Dover County Supreme Court to vacate Robin
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2016-2017 Mock Trial Case Final Version with 2/7/2017 edits 54 Berkman's conviction on the ground of actual innocence. That motion was granted without opposition and the conviction was vacated. Robin Berkman subsequently was released from custody. 18. Shortly after Robin’s release from state prison, Robin filed a Notice of Claim pursuant to New York's General Municipal Law against the County of Dover. Robin asserted that the County, through the DCSD and other agents, had maliciously prosecuted Robin for crimes that Robin did not commit and that Robin is entitled to recovery of monetary damages. As the matter could not be resolved at the Notice of Claim stage, Robin, through counsel, filed a summons and complaint in the Supreme Court of the State of New York, County of Dover. The complaint contains a single cause of action based upon malicious prosecution. Robin asserts that the County, through the DCSD and more particularly Detective Smith, lacked probable cause to arrest and prosecute Robin for the crimes associated with the December 17 robbery. Robin asserts that the investigation undertaken by the DCSD was incomplete, thereby resulting in Robin's conviction for crimes that Robin did not commit. Robin may argue at trial that the information Robin provided to Detective Smith was, in fact, either publicly available or provided by Detective Smith, and that at no time did Robin say anything which would implicate Robin in the December 17 robbery. Moreover, Robin may assert that the investigation by Detective Smith and other members of the DCSD fell well below standards of proper police investigative techniques. Despite having been made aware that there were three individuals with a firs t name “Robin” as described by confidential informant “X,” Detective Smith focused on Robin Berkman without giving any thought to the other potential suspects, including the actual perpetrator, Robin Carmichael. 19. The defendant, County of Dover, will argue that there was sufficient probable cause to arrest Robin Berkman for the December 17 robbery. Robin Berkman provided Detective Smith with information that was otherwise not publicly available. Detective Smith will dispute that such information was ever provided to Robin. Further, the County can be expected to argue that with all of the information pointing to Robin Berkman as the perpetrator, there was ample probable cause to prosecute Robin Berkman. While Detective Smith concluded that Robin Carmichael was not involved in the December 17 robbery, this determination was based upon the investigation. Finally, the County can be expected to argue that, while it is
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2016-2017 Mock Trial Case Final Version with 2/7/2017 edits 55 extremely unfortunate that Robin Berkman was convicted of a crime for which Robin was
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  • Spring '17
  • mrs callman
  • Test, The Land, attorney, Mock Trial Subcommittee

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