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Amy Marion files suit on behalf of couple attacked by police after calling 911 with medical emergency

Watch TV news accounts of Amy Marion's huge victory on behalf of police brutality victim

Amy Marion gets all criminal charges dismissed against victim of police brutality

Amy Marion demands dismissal of criminal charges against victim of police brutality

Amy Marion files lawsuit on behalf of victim of police brutality

Steven Epstein article on Gastro Esophageal Reflux Disease(GERD) appears on TheLaw.TV

Amy Marion comments on lawsuit filed against the Suffolk County Police Department

Bruce Barket comments on wrongful conviction compensation story from CBS News/48 Hours 

Bruce Barket comments on the firm's successful representation of former member of Dewey & LeBoeuf management team in an article in The American Lawyer

Kevin Kearon secures favorable sentence for client in LIRR disability case

Bruce Barket comments for NY Times article on the collapse of Dewey & LeBoeuf and the criminal charges brought by the Manhattan District Attorney

Steven Epstein comments on the Kerry Kennedy trial for TheLaw.tv

Bruce Barket authors New York Law Journal article on building a boutique law firm

Ex-deputy commissioner appeals conviction

Change of venue granted for Cal Harris

Former judge joins firm as new managing partner

Steven Epstein consulted on Metro-North Railroad derailment

Undercover Cop Charged in Motorcycle Gang Attack, by Michele Bowman, featuring Kevin Kearon.

Lawsuit: Nassau County cop molested woman during DUI arrest

Jenny Hannigan reported the alleged assault, but the police department's Internal Affairs Unit closed its investigation last November with an 'undetermined' finding.

Jenny Hannigan Lawsuit WNBC October 2013

Bloomberg Attack On Stop-And-Frisk Judge Riles Some Attys

Law360, New York (August 14, 2013, 6:35 PM ET) -- An accusation of bias leveled by New York City Mayor Michael Bloomberg against the judge who ruled against the city's "stop-and-frisk" tactics has divided legal experts, with some saying his comments undermine confidence in the courts and others calling them mild compared to previous instances of Empire State judge-bashing.

DWI Proposals Cast Too Wide a Net by Steven Epstein

The National Traffic Safety Board (NTSB), an independent federal agency which issues safety recommendations aimed at preventing acccidents recently recommmended that states lower the blood alcohol concentration (BAC) that results in a DWI arrest from .08 to .05. This was done in an effort to reeduce the number of alcohol related accidents and fatalities that occur each year. While this is clearly a worthy objective, the measure proposed of reducing the proscribed BAC to .05 would direction and severely punish individuals who under current rules of law have not commited any crim.

Questionable Methods Used in Preparing Mentally Ill for Trial by Aaron Kase

In times of strained budgets, states are trying creative ways to prepare people with mental illness to stand trial.

A recent Associated Press story reviews methods that officials use to restore defendants’ capacityand help them understand what is going on during criminal proceedings, such as mock trials. With money tight, some states are resorting to treating people in prison or even out-patient programs instead of in hospitals.

Kevin Kearon Quoted in Do Yelp Prison Reviews Benefit Prisoners' Rights? By Mitch Strohm

Yelp has typically been a place to find reviews on restaurants or retail, but now inmates, their family members and attorneys are logging on to dish about prisons.

Lawyers.com, No Warrantless Blood Tests in DUI Stops, Says Supreme Court, Author Aaron Kase

Suspicion of driving under the influence is not grounds in and of itself for police to draw blood from a suspect without first acquiring a warrant, the Supreme Court ruled today.

In Missouri v. McNeely, the Court upheld a Missouri State Supreme Court ruling that police could only take a blood test without a warrant in an emergency or under exigent circumstances. A person's blood alcohol content naturally dropping over time does not count.

The Crime Report, Obama Can Alter the Landscape of Criminal Law, By Bruce Barket

With four more years in office, President Barack Obama likely will have the opportunity to appoint at least one new Justice to the Supreme Court, and numerous appellate and trial judges. Currently, there are approximately 82 vacancies in the Circuit and District courts across the country and only 34 nominations pending.

Perhaps a President's longest lasting and most profound legacy is found in the lifetime appointed judges. The judiciary regularly rules on issues from routine evidentiary issues to the proper application of the death penalty.

The Wall Street Journal article, Vehicular Homicide Charged in Boat Death, Author Will James.

Newsday Sought Barket's Expert Opinion on Making Labs More Effective When They Reopen

Newday reporters Kathleen Kerr and Andrew Strickler sought the opinion of criminal justice experts on the changes that would need to be made to improve the effectiveness of Nassau County's crime lab, which was closed due to lab errors. National experts, including Bruce Barket, all agreed that a fix to the problem would require turning the crime lab into an independent agency staffed by science professionals subject to regular lab procedures audits. Barket pointed out that the lab "needs to be rebuilt from the ground up" and that testing should not be done by the police.

Newsday Opinion, Introducing Doubt, Author Kevin Kearon

NBC New York Quotes Bruce Barket About Reopening of Drug Conviction Cases Due to Crime Lab Errors

NBC New York's Greg Cergol reported on the likelihood that convictions will be overturned due to faulty evidence from crime labs. Cergol asked Bruce Barket to comment on the impact of the errors and what can be expected in the future. Barket noted that while the errors brought to light so far involve narcotics cases, eventually errors in all sorts of cases can be expected to discovered, creating quite a headache.

USA Today, Case against Boheim, Syracuse could be tough to prove

The Associated Press and Huffington Post Quote Barket About Crime Lab Errors

Huffington Post's reporter Frank Eltman and The Associated Press wrote about the closing of New York crime labs due to drug test errors. According to the Huffington Post article, police officials knew that examiners were producing inaccurate measurements in drug cases even before a national accrediting agency placed the lab on probation. Bruce Barket, a recognized Criminal Defense attorney and former Nassau Country prosecutor, pointed out that lab errors are neither new nor limited to New York County, noting that a 2009 report to Congress found crime labs across the country were under fire and that the National Academy of Sciences urged creation of national standards of training, certification and expertise for forensic criminal work. In both articles, Barket said that the problems raised with respect to the New York labs are typical of problems that exist all across the country.

Reuters Seeks Barket's Comments on Biggest Mafia Bust in U.S.

Reuter's reporter Bernd Debusmann Jr. sought comment from Bruce Barket about the FBI agents' arrest of more than 100 organized crime suspects in New York. This arrest was the largest crackdown ever in the northeastern United States and targeted 5 Mafia families, including leaders of the Colombo and Gambino families. While the FBI claims that the Mafia has remained strong and violent through the years, Bruce Barket pointed out that much of La Cosa Nostra's strength was eliminated long ago, and has been replaced by others such as Albanian and Russian organizations.

Newsday Article, Commack man found not guilty of abusing boys

NBC4 & New York Daily News Seek Bruce Barket's Comments on the Long Island Serial Killer Case

NBC4 reporter Pei-Sze Cheng and Daily News reporter Lukas Alpert sought comment from Bruce Barket about the ongoing Long Island serial killer investigation involving the discovery of the bodies of four prostitutes found along Gilgo Beach in December 2010. Suffolk County police determined that a serial killer murdered the women who advertised their services on Craigslist. Police are looking for the suspected murderer. In Cheng's story, Mr. Barket discussed how advanced technology and digital communications helps prosecutors and police track down a suspect. He also talks about how police determined a serial killer murdered the women and the next steps officers may take in their investigation to find the murderer. In Alpert's story, Mr. Barket discussed the dangers of advertising sex on websites such as Craigslist.

WABC7, Wall St. Journal & Bloomberg: Barket Defends Man Charged With Death Threats to Fed Regulators

WABC7, The Wall Street Journal, The New York Times, Bloomberg Businessweek and others quoted Bruce Barket about his representation of a New York money manager charged with threatening to kill 47 U.S. current or former officials of the CFTC, the Securities and Exchange Commission and other securities regulators. The client, who has a long history of legal battles with the government, allegedly sent threatening emails and posted an online "execution list," specifically naming officials, including Securities and Exchange Commission Chairman Mary Schapiro and Commodity Futures Trading Commission Chairman Gary Gensler. He faces two counts of transmitting death threats, each punishable by up to five years in prison. The alleged threat came shortly after the CFTC brought an enforcement action accusing the client and two of his companies with operating unregistered investments. The CFTC had sought civil monetary penalties and a permanent injunction. Concern for the safety of public officials is particularly high since the recent mass shooting of Congresswoman Gabrielle Giffords and others in Tucson, Arizona, which resulted in the death of federal judge John Roll and five other people.

USA Today, District Attorney says two Bernie Fine Accusers Credible

Newsday: Bruce Barket on Crime Lab Issues

Bruce Barket published an opinion piece in Newsday highlighting the nationwide problem with the veracity and accuracy of police "science." A recently released congressionally mandated report by the National Academy of Science found numerous flaws in forensic science, calling into question its accuracy, objectivity and the "validity of forensic methods." A number of significant violations involving forensic evidence have been found in the Nassau County Police Department Crime Lab. Noting that the problems with crime lab evidence are well documented, under-reported, Bruce Barket discusses the larger, national problems involved with forensic evidence and their ramifications. He points out that as the investigations continue, we see "the flaws of a system in desperate need of an overhaul."

New York Times: Bruce Barket Interviewed Regarding Jury Selection in High Profile Murder Trial

As an ethnically charged case got under way in Suffolk County, the New York Times published an article on the illegal immigration undertones in the case. A group of seven local teens allegedly engaged in a "sport" of pursuing and beating up illegal immigrants. One such incident ended in the death of a 37 year old man from Ecuador.

The Times reporter reached out to Mr. Barket and interviewed him for his insights into the case. Numerous jurors had been seeking excuses to be removed from consideration, while others aired their views on illegal immigration, often unfavorable, with a risk that those views could affect their verdict.

Mr. Barket was quoted as to the ethnic and racial aspects, indicating that these issues are often a "dominant unspoken factor" in nearly every criminal trial.

Long Island Business News: Barket Featured in NewsMakers Lead Litigator Series

Long Island Business News published a piece profiling Bruce Barket in its NewsMakers Lead Litigator series under the headline "Big-League Litigator".

The article announced Barket's joining of Quadrino Schwartz and highlighted some of his high profile victories. He was interviewed and quoted regarding several memorable cases and trial victories, and he shared some of his thoughts from the trial lawyer's perspective.

Long Island Business News serves the Island's community of CEOs and business owners. The Lead Litigator series features top lawyers in their field of practice.

New York Law Journal Runs Front Page Story on Barket Joining Forces With Quadrino Schwartz

Below is the text of the front page news story from the New York Law Journal regarding Bruce Barket joining Quadrino Schwartz to lead the firm's Criminal & White Collar Defense Group:

News In Brief

Barket Joins Garden City Litigation Boutique

Bruce A. Barket, a high-profile Long Island defense attorney, has joined litigation boutique Quadrino Schwartz and will lead the white-collar defense group. Mr. Barket, 50, of Garden City, represented Martin Tankleff, the Long Island man convicted in the 1988 killings of his parents, in his successful bid for a new trial and eventual dismissal of all charges (NYLJ, July 23, 2008). A former Nassau County prosecutor, Mr. Barket also represented Amy Fisher, the so-called "Long Island Lolita," and a woman who recently falsely accused five men of gang rape in a Hofstra University dorm bathroom (NYLJ, Oct. 29). Mr. Barket will be based at the Garden City office of 10-lawyer Quadrino Schwartz.

- Vesselin Mitev

New York Post, Stunning acquittal for "DWI" lawyer

Inside Counsel Magazine Interviews Bruce Barket on the $2.3 Billion Pfizer Fraud Case

Pfizer Inc. recently agreed to an enormous $2.3 billion settlement related to a criminal case, with the Justice Department obtaining the largest fine it has ever issued for health care fraud. The settlement concerns a series of charges involving the misbranding of drugs by the pharmaceutical giant and its subsidiary Pharmacia & Upjohn Inc.

Bruce Barket of Quadrino Schwartz was interviewed by Inside Counsel Magazine regarding the size of the fine and the proportionality of it concerning Pfizer's ability to pay it. The fine needed to make a statement, especially when there were several business units involved in the fraud over an extended period of time.

Barket is the leader of the White Collar Criminal Defense & Investigations Group at Quadrino Schwartz. He is frequently sought-after by the media for insight on criminal cases and issues. Inside Counsel is the nation's leading magazine for in-house counsel in corporate America.

Newsday: Bruce Barket Interviewed on Panel Of Experts Regarding Hate Crimes

Bruce Barket's opinions were sought by Newsday in the wake of a series of hate crime arrests surrounding a murder in Suffolk County.

Prosecutors have been aggressively pursuing plea deals with several of the many Defendants in order to build a stronger case against the main actors in the crime. Barket was interviewed about the prosecutor's approach and the dynamics of a multi-defendant prosecution.

In addition to Mr. Barket, the panel of experts interviewed for the piece included a professor of criminal law at Hofstra Law School and a professor at the John Jay College of Criminal Justice.

Bruce Barket's Insight Sought by New York Law Journal on U.S. Supreme Court Evidence Ruling

Mr. Barket was interviewed and quoted by the New York Law Journal on the U.S. Supreme Court's recent ruling requiring that forensic evidence be presented at criminal trials by a witness who can be cross-examined -- instead of by "certificates" sworn to by police personnel.

Initial reactions to the 5-4 decision in Melendez-Diaz v. Massachusetts, 07-591, was split over how big the burden will be on prosecutors and whether it is a cost that just has to be borne to meet the requirements of the Sixth Amendment's confrontation clause. The Supreme Court said that written lab reports or affidavits alone would not satisfy a defendant's constitutional right to confront the evidence and witnesses against him or her.

Bruce Barket -- the leader of the White Collar / Criminal Defense & Investigations Group at quadrino Schwartz -- praised the decision for allowing challenges to evidence obtained through processes often perceived as infallible by the public, including jurors. "It stems from this view that science is perfect and it's not - it's frequently police officers in lab coats performing tests they do not understand," Mr. Barket said in the interview for the Law Journal.

Bloomberg Businessweek, Penn State Officials' Fate May Turn on What They Heard

USA Today, New York Times, New York Post: Success of Bruce Barket in Martin Tankleff Case

Numerous media outlets covered the long-awaited dismissal of the double homicide case against Martin Tankleff, who was represented by attorney Bruce Barket. Mr. Tankleff had been convicted and jailed for nearly 20 years for the murder of his parents on Long Island in 1988.

After Mr. Barket and his team obtained an order vacating the murder convictions, New York's Attorney General, Andrew Cuomo, took on the task of re-investigating the murders. He reviewed the evidence gathered and developed by Mr.Barket and his trial team throughout several years of investigation and the subsequent courtroom hearings in Supreme Court, Suffolk County.

The Attorney General agreed with Mr. Barket and his team that the murder indictments should be dismissed and no new trial conducted. The dismissal of the case marked an end to the nearly 20-year odyssey of Mr. Tankleff, who spent nearly two decades in jail, all the while maintaining his innocence. Mr. Barket was hired in 2003 and spent over 5 years proving Mr. Tankleff's innocence.

PBS Frontline: National Interview of Bruce Barket

Frontline sat down with attorney Bruce Barket to talk about the justice system, guilty pleas under intense pressure, and his fight to overturn a conviction of a man who pled guilty to a murder he claims he did not commit.

New York Law Journal: Evidence Suppressed

A front-page story in the New York Law Journal covered Mr. Barket's success in pre-trial hearings in a narcotics case. Through cross examinations and the submission of extensive legal briefs, the court was convinced that the incriminating evidence needed to be suppressed.

New York Times: Feature Story on Bruce Barket in a Death Penalty Case

The New York Times ran a story on Mr. Barket's handing of a 1st degree death penalty case, noting that he convinced the prosecutors to drop the death penalty aspect of the case. The article also detailed Mr. Barket's uncovering of the truth as to police misconduct that led to the false identification of his client as the murderer. Mr. Barket subsequently proved his client's innocence at the trial and obtained an acquittal on the charge of 1st degree murder.

New York Times: Interview of Bruce Barket on Success in the Tankleff Homicide Case

In a feature story, the New York Times interviewed Mr. Barket as on his investigation and handling of the Martin Tankleff case and the conduct of the prosecutors. Based upon the work of Mr. Barket and his team, Mr. Tankleff had been freed from jail after 17 years of incarceration after being convicted of killing his parents over 20 years ago. The case was subsequently dismissed.

The Times noted that Mr. Barket had "harsh words for the prosecutorial team that sent Mr. Tankleff to prison based on a confession obtained through trickery - Mr. Tankleff was told by police interrogators that his father had awoken from a coma and implicated him as the killer. The prosecution refused to investigate the possibility that the killings were ordered by a disgruntled business associate of Seymour Tankleff's.

"It's something the district attorney should have done four years ago," Mr. Barket said. "I gave him 12 witnesses who said somebody else did the murders, but Suffolk had no good finger on the pulse of this case.

"It's been almost like an article of faith for them to maintain, against all logic and reason, that Marty Tankleff killed his parents. But we don't try our criminal cases on faith; we try them on the facts. I hope this is an eye-opening case. I hope jurors recognize that when they hear a 'confession,' they should not jump to the conclusion it was true."

Los Angeles Times: Bruce Barket Interviewed Regarding Saddam Hussein Trial in Iraq

In seeking prominent trial lawyers for commentary, the Los Angeles Times contacted Bruce Barket regarding the trial of Saddam Hussein. The Times sought his perspective on handling such a high profile case involving complex charges with death penalty consequences.

Long Island Business News: Marty Tankleff

Long Island Business News interviewed Marty Tankleff, a paralegal at the law firm of Quadrino Schwartz in Garden City, who was wrongfully convicted and later acquitted in the double homicide of his parents. Marty served nearly 18 years in prison before he was exonerated and released. These days, Marty helps defend firm clients in civil and criminal cases, including wrongful conviction cases, and is attending law school. Knowing the ins and outs of the system, Marty brings a unique perspective to his work defending others. In the interview, Marty discusses why he got into law and the work he does defending the innocent. The interview, "Innocent Bystander: Marty Tankleff for the Wrongfully Convicted," can be read at http://www.dolanmedia.com/view.cfm?recID=580957%20.

National Public Radio: Success in Appeals Court on Tankleff Case

The Bryant Park Project show ran a national spot on the appeals court decision to grant Martin Tankleff a new trial - nearly 20 years after being convicted for the murder of his parents on Long Island in 1988. Mr. Tankleff went through a series of appeals, including up to the highest court in New York state and in U.S. District Court, all to no avail.

Bruce Barket led a team of attorneys re-investigating the murders and seeking to re-open the case. After years of effort by Barket and his team, an extensive hearing with dozens of witnesses was conducted, culminating in a decision by the trial judge to let the murder convictions stand, leaving Mr. Tankleff behind bars.

In a New York Times interview: "We've produced an overwhelming amount of evidence to prove that Marty is innocent," one of his lawyers, Bruce Barket, said in a hallway news conference in Suffolk County Court."

The appeal to the appellate court, however, was successful, based upon the strength and quality of work performed by Mr. Barket and his team. The court vacated the convictions and granted a new trial to Mr. Tankleff. The case was subsequently dismissed by the New York Attorney General, ending Mr. Tankleff's 20-year ordeal.

CBS News: Amy Fisher Not Paroled for Boxing Match with Tonya Harding

Bruce Barket's client Amy Fisher, the "Long Island Lolita", was refused a release from prison to fight Tonya Harding, the olympic skater, in a televised boxing match. Mr. Barket was interviewed by CBS news on the parole board's action. Although this round wasn't won, Barket later won Amy Fisher's permanent release from prison -- 8 years early -- by mounting a legal battle challenging her plea bargain with prosecutors.

The Wall Street Journal, New Track in Extortion Case

CNN.com, Court TV: Coverage of Murder Case

The national media covered a murder case in which Bruce Barket was hired to represent a woman who allegedly hired a hit man to kill her husband.

Newsday: Bruce Barket Interviewed on New Drug Dealer Policy by District Attorney

Newsday sought commentary from Mr. Barket on a new policy regarding drug dealers and prison sentences. He was quoted regarding the apparent inequities in the implementation of the new system.

New York Post: Cold Case Murder Trial

Mr. Barket's courtroom skills were observed by a New York Post reporter who then published a story quoting Mr. Barket's cross examination of a witness from the trial. Mr. Barket was representing a client accused of a 1989 murder, for which he was arrested many years later. The case involved FBI agents and mafia figures in a dramatic alleged shooting of a Brooklyn teenager.

Mr. Barket won the trial for his client, obtaining a complete acquittal.

New York Post: Dramatic Re-Opening of an Investigation in the Middle of a Murder Trial

As reported by the New York Post: "A Bronx judge yesterday declared a mistrial in the Easter 2006 shooting death of a 2-year-old boy. Bruce Barket, the lawyer for defendant Nicholas Morris, 28, maintains he has evidence another man killed David Pacheco Jr., who was in the back seat of his family's minivan on the way to church when a stray bullet - fired in an argument between two groups of men - pierced the door.

Morris' lawyer cites evidence that includes a blue sweater smelling of gunpowder. DNA on it did not match Morris'. It hasn't been compared to the DNA of the other suspect, who fled after the shooting.

Prosecutors had theorized that Morris and the other man took turns firing the same gun. But they did not object to Barket's request for the mistrial and are reopening their investigation. Meanwhile, Morris continues to be held without bail."

The District Attorney, after later meeting with Attorney Barket agreed to dismiss the charges against Morris.

Newsday: Commentary by Barket on Bullet Proof Vests for Defendants

The instance of a Defendant in a high profile case traveling to court in bullet proof vest sparked the interest of the media, prompting an interview of Bruce Barket by Newsday. Commentary was sought from him regarding his experiences, observations, and reasons why certain high profile individuals don the vest while being transported in custody.

Newsday: Commentary by Barket on Bullet Proof Vests for Defendants

The instance of a Defendant in a high profile case traveling to court in bullet proof vest sparked the interest of the media, prompting an interview of Bruce Barket by Newsday. Commentary was sought from him regarding his experiences, observations, and reasons why certain high profile individuals don the vest while being transported in custody.

Newsday: Interview of Bruce Barket on High Profile DWI "Murder" Case

When things seemed irregular in a first-of-its kind DWI "murder" case, Newsday interviewed prominent attorney Bruce Barket about the viability of the jury's verdict. The District Attorney charged a drunken man with murder arising out of a car crash in which young person was killed in a horrific fashion.

Mr. Barket provided his opinions regarding the legal ramifications of the judge's decision to allow the jurors to view the crushed remains of the victim in the case.

New York Times: Special Prosecutor Sought in Double Homicide

The New York Times covered Mr. Barket's ongoing battle to free Martin Tankleff, the Long Island native who was convicted of murder in the gruesome death of his parents. Barket was quoted regarding his view that the lead detective on tha case appeared to be involved in a cover up and that the prosecutor had a conflict of interest.

Indeed, years later, after extensive testimony by dozens of witnesses, Mr. Barket and his team indeed established Mr. Tankleff's innocence, with an appeals court vacating the murder convictions and the New York State Attorney General dismissing the indictments. Mr Tankleff had been serving a jail sentence of 50 years to life, but was ultimately freed from jail and vindicated in his two-decade long plea of innocence.

Milwaukee Journal Sentinel: Barket Interviewed on NFL Green Bay Packer Trial

Mark Chmura, of the NFL's Green Bay Packers, was put on trial for sexual assault charges. Attorney Bruce Barket was contacted and interviewed for this high profile case by the Milwaukee Journal Sentinel. After a post-prom party, a babysitter made allegations against Chmura that led to his arrest. Mr. Barket's reputation for successfully defending cases of false identification led to the call for this interview.

New York Daily News: Barket Quoted on Death Penalty Case

The Daily News followed Bruce Barket's handling of a death penalty eligible homicide case. A local businessman was killed during a robbery and Mr. Barket's client was claiming that his alleged confession was coerced.

New York Daily News: First Amendment Rights Implicated in Art Exhibit Attack

Mr. Barket was interviewed regarding his client's trial for defacing art in a museum. As reported by the Daily News: "A retired teacher charged with defacing the controversial Madonna painting displayed at the Brooklyn Museum of Art last year had a First Amendment right to vandalize the work, his lawyer argued yesterday. "It was his response to an obscenity against his beloved Virgin Mary," said lawyer Bruce Barket as Dennis Heiner's trial opened in Brooklyn Criminal Court yesterday. "He was offended by the nature of that painting, and that's what the museum wanted." Bruce Barket was interviewed regarding the trial of his client for defacing art in a museum. In December, Heiner, 72, smuggled a hand-lotion bottle filled with white latex paint into the museum, faked a heart attack, and smeared the elephant-dung-decorated painting.

It marked the strongest reaction against the work, which sparked weeks of protests and an effort by Mayor Giuliani to yank the museum's city funding. Prosecutors argued yesterday that Heiner's actions weren't protected by his right to free speech. Heiner did not target the "Sensation" exhibit as a whole, but just one painting, noted Assistant District Attorney Noel Downey.

"He might have had an argument if he emptied the shark tank or kicked the bloody head across the floor," Downey told jurors, referring to two of the exhibit's grislier works. "He didn't," Downey said. "He attacked one painting."

Heiner is charged with criminal mischief, a misdemeanor."

New York Times: Coverage of Dramatic Assault Trial

Bruce Barket's fight to exonerate his client in a high profile attempted murder case was profiled in the New York Times. As reported in the Times:

"The prosecution opened its attempted murder case against Austin Offen today by telling the jury that he had brutally and sadistically used an iron bar to bludgeon Shane Daniels outside a Westhampton Beach nightclub nearly two years ago, creating a hole in his skull as big as a softball. Mr. Offen's lawyer raised questions about whether Mr. Offen was the man who beat Mr. Daniels. He noted that witnesses reported seeing a man with spiked white hair attacking Mr. Daniels. Mr. Offen, his lawyer said, has black hair.

The beating, which investigators said appeared to be racially motivated, took place in a dimly lighted parking lot shortly after the nightclub closed at 4 A.M. on May 26, 1996. Mr. Offen, a white 27-year-old weight lifter from Floral Park, Queens, is charged with one count of attempted murder, two counts of assault, one count of criminal possession of a weapon and criminal mischief. The prosecutor, Stephen O'Brien, an assistant Suffolk County district attorney, told the jurors in Suffolk County Criminal Court that by the time he finished presenting his case, he would convince them that it was Mr. Offen who had wielded the automobile anti-theft device, known as the Club, against Mr. Daniels, who is black.

Mr. O'Brien said that one of Mr. Offen's three drinking companions, Constantine Chronis, 36, a narcotics detective who has since resigned from the New York City Police Department, wielded a gun while shouting, ''Get back or I'll shoot,'' while Mr. Offen was beating Mr. Daniels. Mr. Chronis, who is white, is to be tried separately in May on charges of assault and official misconduct.

Mr. Offen's lawyer, Bruce A. Barket, told the jury that when the fighting began, Mr. Offen was also a victim. He said he suffered a cut over his left eye, which bled heavily, covering him in his own blood. ''His blood was found everywhere on the other side of the parking lot but not found on the club or where Shane Daniels lay,'' Mr. Barket said. Mr. Barket said that Mr. Offen had known his three drinking companions briefly and that they had turned against him. He said that two of them, Frank DiMattia, of Staten Island, and Vincent DeFrancisco, of Bayside, Queens, would be appearing as witnesses against Mr. Offen to obtain immunity from prosecution.

''Austin Offen is their sacrificial lamb,'' he said. ''It will never be proved beyond a reasonable doubt that he did this beating.'' On leaving the courtroom, Mr. Daniels's father, Curtis Daniels, said the prosecutor's description of Shane's beating was ''tough to take.'' He said that his son was continuing to recover from the beating and that although his most serious injuries had healed, he still suffered from impaired peripheral vision and dizzy spells and could not drive a car."

The jury refused to convict Offen of Attempted Murder, as predicted by Barket. The jury was hung. Offen was later offered a reduced plea to assault charges and was saved - by his attorney Bruce Barket - from 26 years of potential additional jail time.

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Located in Garden City, we serve clients throughout Long Island and New York City, including Nassau County, Suffolk County, Queens (Queens County), Brooklyn (Kings County), Manhattan (New York County), The Bronx (Bronx County) and Staten Island (Richmond County).

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