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Violation of Inmate’s Right to Call a Witness Required Expungement

The Third Department expunged a disciplinary determination because the inmate’s right to call a witness was violated and a rehearing was not possible:

Although  [the] witness  agreed  to testify, the  Hearing Officer denied  the  request  for this witness  on  the  basis that the conversation  took  place  after the  incident that is the  subject of the administrative segregation recommendation. Under the circumstances  presented,  we  conclude  that the  testimony  of this witness  was  not  irrelevant and thus the request  was  improperly denied….  As such, the Hearing Officer’s ruling constituted a violation of petitioner’s conditional, regulatory right to call witnesses …. Matter of DeBoue, 515486, 3rd Dept, 7-3-13

 

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