Suffolk DA creates panel to advise bureau reviewing wrongful convictions

Suffolk District Attorney Timothy Sini on Thursday sharpened his office's plan to undo wrongful convictions and invited those who believe they were convicted of crimes they didn't commit to seek justice through his office.

Sini had already set up a Conviction Integrity Bureau in August to review selected convictions, ensuring they were based on valid evidence and testimony and fair legal practices. Prosecutors in Brooklyn, Philadelphia and elsewhere have established such bureaus.

Now, Sini has established an independent panel to review the bureau's work and make its own recommendations on whether a conviction should be vacated. Ultimately, Sini will make the final call.

"All of these steps represent a commitment to doing the right thing," Sini said. "We don't want people convicted for crimes they did not commit. ... We're not going to spare any resource in our investigations."

The bureau, which already is investigating 28 cases, is headed for now by Sini's special counsel, Assistant District Attorney Howard Master, but Sini said he will appoint someone who will focus on the Conviction Integrity Bureau alone.

The independent panel consists of Jennifer Rodgers, founder of Columbia Law School's Center for the Advancement of Public Integrity; Suffolk County Bar Association president Justin Block; and civil rights attorney Laura Solinger, who helped free Shawn Lawrence after he was convicted of second-degree murder and sentenced to 75 years to life in prison.

Lawrence was convicted of taking part in a 2010 ambush that resulted in the shooting death of James Terry, 44, in North Amityville. He has since filed a wrongful conviction suit against Suffolk County.

Sini said he also has been advised by Assistant District Attorney Brendan Ahern. When Ahern was a defense attorney, he exposed misconduct committed by prosecutor Glenn Kurtzrock that was so egregious that Sini's predecessor, Thomas Spota, demanded Kurtzrock resign mid-trial. Kurtzrock also prosecuted Lawrence.

Both cases were marked by prosecutors refusing to turn over evidence favorable to the defense under what is known as the Brady rule. The 55-year-old U.S. Supreme Court decision requires prosecutors to do that to ensure a just trial.

"To not turn it over, it's egregious," Solinger said. With such evidence, defense attorneys are better able to investigate cases before trial and defend clients more fully, she said.

Sini said his office also has been investigating all of the cases Kurtzrock has handled during his career in Suffolk, and will issue a report when it is done.

Sini said it's possible that he, Master and panel members will disagree at times on how to handle a case. He pledged to be transparent in how cases are handled and said it's possible the office would make public the cases where it has denied applications.

When the office agrees to vacate a conviction, it will do so by making a joint application to the court with the defense. There is no time limit on seeking review from the bureau.

Sini said some cases now under review date to the 1970s. He noted that in the 1970s and 1980s, the state Investigation Commission had found widespread abuse in both the Suffolk County Police Department and the district attorney's office, particularly in narcotics and homicide cases.

"I wouldn't be surprised if we had petitions going back that far," Sini said.

He also noted that Spota is awaiting trial on federal obstruction of justice charges, so some petitions may come in related to that case.

Sini asked attorneys and defendants to have a case reviewed by filling out an initial form, available at nwsdy.li/2RVmFNd. Those seeking review also can call 631-853-4226 or email convictionintegrity@suffolkcountyny.gov.