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DEFENDANT, WHO WAS CHARGED WITH POSSESSION OF A WEAPON, SHOULD HAVE BEEN ALLOWED TO CROSS-EXAMINE THE ARRESTING OFFICER ABOUT A CIVIL LAWSUIT WHICH ALLEGED THE OFFICER FABRICATED A WEAPONS CHARGE.

The Second Department determined prohibiting the cross-examination of a police officer about a federal lawsuit which alleged the officer fabricated a weapons charged was reversible error. Defendant was arrested by the officer and charged with possession of a weapon allegedly found by the officer in the seat of the car where defendant was sitting:

The Court of Appeals has held that law enforcement witnesses should be treated in the same manner as any other prosecution witness for purposes of cross-examination and that civil allegations of misconduct in a federal lawsuit filed against a law enforcement agent are favorable to a defendant as impeachment evidence insofar as such allegations bear on a law enforcement officer’s credibility as a witness … . Furthermore, there is no prohibition against cross-examining a witness, including a police officer, about bad acts that have never been formally proven at a trial … .

In cross-examining a law enforcement witness, the same standard for good faith basis and specific allegations relevant to credibility applies, as does the same broad latitude to preclude or limit cross-examination … . Counsel must first present a good faith basis for inquiring, namely the lawsuit relied upon. Second, specific allegations from the lawsuit that are relevant to the credibility of the law enforcement witness must be identified. Third, the trial judge must exercise discretion in assessing whether inquiry into such allegations would confuse or mislead the jury, or create a substantial risk of undue prejudice to the parties … . People v Enoe, 2016 NY Slip Op 07977, 2nd Dept 11-23-16

 

CRIMINAL LAW (DEFENDANT, WHO WAS CHARGED WITH POSSESSION OF A WEAPON, SHOULD HAVE BEEN ALLOWED TO CROSS-EXAMINE THE ARRESTING OFFICER ABOUT A CIVIL LAWSUIT WHICH ALLEGED THE OFFICER FABRICATED A WEAPONS CHARGE)/EVIDENCE (CRIMINAL LAW, DEFENDANT, WHO WAS CHARGED WITH POSSESSION OF A WEAPON, SHOULD HAVE BEEN ALLOWED TO CROSS-EXAMINE THE ARRESTING OFFICER ABOUT A CIVIL LAWSUIT WHICH ALLEGED THE OFFICER FABRICATED A WEAPONS CHARGE)/POLICE OFFICERS (CROSS-EXAMINATION, (DEFENDANT, WHO WAS CHARGED WITH POSSESSION OF A WEAPON, SHOULD HAVE BEEN ALLOWED TO CROSS-EXAMINE THE ARRESTING OFFICER ABOUT A CIVIL LAWSUIT WHICH ALLEGED THE OFFICER FABRICATED A WEAPONS CHARGE)

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