A jury of my peers found me guilty with the evidence that was presented to them and not the true facts., At the time, his sons were 4 and 5-years-old. Our work is guided by science and grounded in anti-racism. Two men who died of drug overdoses after leaving Manhattan gay bars last spring died by homicide, according to findings from New York Citys chief medical examiner. Alfonzo Riley, a paralegal in TheLegal Aid Societys Wrongful Conviction Unit, was recently profiled by The Appeal. The Clinic has had tremendous success in securing parole release and sentence commutation. The concerns over his cases sparked the broader review in Brooklyn, as prosecutors began to examine past cases handled by other officers who were similarly charged and convicted of misconduct that was directly related to their jobs. The Exploitation Intervention Project works with trafficking survivors to help them vacate criminal convictions related to their trafficking and seal the records of those arrests. More than half of wrongful convictions can be traced to witnesses who lied in court or made false accusations. Make your contribution now and help Gothamist thrive in 2023. Citizens of society put their trust in the courts to keep communities safe. To Jabbar Collins, that conflict of interest makes it imperative that a CRU is led by someone outside the office. (2) "Certificate of inspection" means an unsworn statement, declaration, verification, or certificate made in accordance with the requirements of chapter 5.50 RCW by a qualified inspector that states that the landlord has not failed to fulfill any substantial obligation imposed under RCW 59.18.060 that endangers or impairs the health or safety of a tenant, including (a) structural members that . Founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law at Yeshiva University, the Innocence Project works to free the innocent, prevent wrongful convictions, and create fair, compassionate, and equitable systems of justice for everyone. After taking office in 2014, Thompson expanded the Conviction Review Unit, fulfilling a campaign promise and earning a wave of laudatory national media attention. The Wrongful Conviction Unit was created to address the population of prisoners who have exhausted all avenues of relief and are still fighting for their freedom and to clear their names of crimes they did not commit. The 378 cases mostly low-level drug and traffic offenses relied on the work of 13 police officers who were later convicted of crimes. James Davis. All members of the Legal Aid community have a shared responsibility to support and comply with policies and protocols to protect the health and safety of our . He and Graves then ran out of the restaurant. | translate }}, {{ "Add or edit any resource" | translate }} This year, our 8th Questioning Forensics is titled A juror, an expert & an algorithm walk into a courtroom: Miscommunication in forensics and will focus on misleading testimony and the role of human factors in forensics. His conviction was dismissed August 4. At The Legal Aid Society our Civil, Criminal Defense, Juvenile Rights, and Pro Bono practices work tirelessly in and out of thecourtroom to defend our clients and dismantle the hidden, systemic barriers that can prevent them from thriving in New York City. Professors and Defenders Clinic Co-Directors Steve Zeidman (left) and Nicole Smith-Futrell (right) discuss their work on clemency. Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. 5 The National Registry of Exonerations, "Exonerations in 2018" (Apr. 4 The National Registry of Exonerations, "Basic Patterns" (Nov. 2016). Section II looks at the role cognitive biases play in wrongful convictions. Phone. I believe that many of them are not the same people that they were when whatever offense was committed, and theyre deserving of clemency as well.. For some victims, the impact of the wrongful conviction may be comparable to or even worse than . | translate}}, {{ "Select a category below to get started" | translate }}, {{ "Total resources added across time" | translate }}, {{ "Number of resources viewed in the past year" | translate }}, {{ "Community contributors" | translate }}, {{ "Want some help? The mainstream media can make a difference and help curb wrongful convictions here in the United States. When he was convicted, she told New York Focus, she thought that was the end of my world.. It will be a measure of justice to make up for the original injustice of your arrest and conviction.. Legal Services NYC. Alfonzo Riley, a paralegal in The Legal Aid Society's Wrongful Conviction Unit, was recently profiled by The Appeal.. Riley was incarcerated for his role in a 1988 drug deal that ended in a homicide. Another 20 were tossed because they hinged on the work of Detective Sasha Cordoba, who pleaded guilty in 2018 after prosecutors found she made repeated false statements in a gun possession case in Washington Heights in Manhattan. Wrongful Conviction Clinic. {{ "Available to anyone, anytime" | translate }}, {{ "Read about our impact and get recent news:" | translate }}, {{ "See One Degree in the Media:" | translate }}, {{ "Explore helpful videos, webinars, slides and more for Pro members" | translate }}, {{ "One Degree keeps all of our resources up-to-date every 6 months" | translate }}, {{ 'Search by text message available!' Seven have been exonerated since his first term began in November 2017, but two others were exonerated while Gonzalez was acting DA. In that case, officers were found to have planted evidence, falsified records and rewarded informants with drugs. In statements to the press, the Brooklyn DAs office has claimed that Hale did not review Sims case. Find and save resources 24/7 from anywhere!' Although he did not pull the trigger and was actually nowhere near the shooting, he was charged under New Yorks controversial felony murder law and sentenced to 71 years to life. From 1990 to 2013, the Brooklyn DAs office was run by Charles Hynes, under whom more than 100 people were wrongfully convicted, in some cases serving decades in prison before being exonerated. matter, or that someone stop behaving in a way that interferes with another . Despite his obligation to correct false testimony by witnesses, Hale did not challenge Graves claims. Elizabeth Felber, supervising attorney for the Legal Aid Societys Wrongful Conviction Unit, said she hopes the next head of the unit, Hales replacement, comes from the defense community, as has been the practice in other jurisdictions in New York, such as Queens and Westchester. We hope you will pursue all available legal remedies, Felber said. Nobody is currently incarcerated as a result of these convictions, and none of the 13 officers involved in the cases remain on the force. Tainted Testimony. Gothamist is a website about New York City news, arts, events and food, brought to you by New York Public Radio. The Wrongful Conviction Unit continues to grow in size and outreach since its inception in 2019. Sims also says he told all his appellate attorneys that he saw Graves commit the crime; h. is one surviving appellate attorney confirmed this to his current counsel. 2023 The Legal Aid Society. The Wrongful Conviction Unit continues to grow in size and outreach since its inception in 2019. Visit website. So its easy to sweep things under the rug, its easy to rubber stamp things., Sims was 24 when he was convicted. He said he forgave him years ago, during a family visit. We use cookies to ensure that we give you the best experience on our website. But the CRUs preliminary review may have been undermined by a fundamental conflict of interest: Mark Hale, who led the unit from its creation in January 2014 until July of this year, was the lead prosecutor in Sims murder trial. Their scientists will collaborate with the Delivering Justice Project to determine the most appropriate DNA testing and analysis. Defense attorneys point to Hales control of the unit as a key reason for the slow pace of exonerations, New York Focus and The Appeal. It was based almost entirely on Julius Graves recantation of his testimony in 2002. Hammurabi's Law-"Eye for an eye mentality"-The king set clear laws to better govern his . In a statement through his attorneys, he told New York Focus that he thought if he accused Graves in the letter, it would just seem like I was looking for a scapegoat., I wrote in bold letters, I AM INNOCENT, Sims said in his statement to New York Focus. 111 Dr. Martin Luther King Jr. Blvd. The Legal Aid Society's Parole Revocation Defense Unit has an immediate opening for a Staff Attorney. Founded in 1876, the Society provides a full range of civil legal services as well as criminal defense work, and juvenile rights representation in . Anthony should not have to suffer further years in prison while a hearing and likely appeal wend their way through the legal system even as prosecutors possess evidence showing that Anthony belongs home today with his wife and kids.. At the Legal Aid Society of Westchester County, Sherry concentrates her practice on Criminal Defense. The project team will then locate and test evidence. Our success so far with these advocacy letters indicates that there has been a shift in attitude at the parole boards. The U.S. Department of Justice has granted CUNY School of Law, in partnership with The Legal Aid Society, nearly $500,000 to establish a project that will review and litigate select wrongful conviction claims of New Yorkers incarcerated in state prisons. The state has two years to implement the expungement, BUT if you have an expungeable PL 221 offense it is already being suppressed and it should NOT show up on a background check. Notre Dame Law Schools Exoneration Justice Clinic is committed to correcting the miscarriage of justice and investigating, litigating, and overturning wrongful convictions. Defendants offered guilty pleas in 34 exonerations and gave false confessions in 24 cases. The office spent 10 months reviewing every Brooklyn conviction in which the 13 former officers were involved, flagging for dismissal cases in which they served as the primary witnesses. Hale had also falsely told Campos trial counsel that the witness had never recanted. Two additional witnesses did not identify Cooper from a photo array. 199 Water Street Convicted but innocent: wrongful conviction and public policy. If you are looking to donate, get involved, or get assistance, find and connect to your local Network organization here. The audience is typically ~100-200 defense attorneys from around the United States. How can I contact you?" Yet, when he appeared at trial, Graves testified that he was in court voluntarily and that he regularly checked in with his probation officer. The next day, the jury acquitted Sims of intentional murder and convicted him of depraved indifference murder. Pro Bono Scholar, Wrongful Conviction Unit The Legal Aid Society Feb 2023 - Present 1 month. Riley also believes that there are many others who deserve the second chance that he received. Hale disclosed none of this to Coopers defense counsel, according to Coopers civil complaint. 199 Water Street New York, NY 10038. Member Board of Directors Drama Club Feb 2015 - Jun 2022 7 years 5 . Collins was wrongfully convicted in 1995 in Brooklyn; his. The Legal Aid Society is among the first state public defender organizations working in-house to explore our clients' lives through video to convey their character, aspirations, traumas, difficulties, and often, transformation. Visit Us. Sims said he told his trial counsel that he saw Graves commit the crime and asked to testify, but that the lawyer advised him not to testify. It is free and automatic. 2023 The Legal Aid Society. | translate }}, {{ "How do I get started with the One Degree app?" Mark Hale is not going to fix his faults, he told New York Focus. Prior to joining the Legal Aid Society in 2016, David spent 10 years as the Managing Attorney at the Innocence Project, where he supervised attorneys working to exonerate innocent clients and spearheaded the organization's amicus curiae practice throughout the country. Photo: Legal Aid Society. Conviction Review Unit. This involved evaluating court documents, conducting investigations, presenting to a panel of academic and legal professionals, and devising a new method of archiving documents for the project. Legal Aid Society Wrongful Conviction Unit. Criminology 40(1): 1-18; Huff C, Rattner A & Sagarin E 1986. 2023 New York Public Radio. I always just wanted to run in the back and just run with my dad and just hide, like, Dad, Im staying with you, Anthony Sims Jr., now 27, told New York Focus. To find out if The Exploitation Intervention Project is able to assist you in having your trafficking-related convictions vacated and the records sealed, contact Leigh Latimer at 646-385-5025 or lelatimer@legal-aid.org. Elizabeth Felber, supervising attorney with the wrongful conviction unit at the Legal Aid Society a lawyers organization that represents 11 defendants whose cases will be vacated and dismissed . Despite his obligation to correct false testimony by witnesses, Hale did not challenge Graves claims. Collins was wrongfully convicted in 1995 in Brooklyn; his own investigation led to his exoneration in 2010. The site contains instructions and forms for applying for commutations and pardons. he did not see who shot the victim and did not know who did. In April 2021, Mr. Gonzalez asked the court to dismiss 90 convictions involving Mr. Franco. The police department did not respond to a request for comment. The bottom line is that the D.A.s Office is fighting to uphold Anthonys conviction despite overwhelming evidence that Anthony is innocent and never received a fair trial, said his attorney, Jonathan Hiles. The representative is charged with ensuring equal protection of the law in police surveillance and police investigations and reporting any systematic and repeated violations of individuals civil [], In the summer of 2016, in the course of representing an Uzbek client who had been questioned by FBI agents, CUNYs Creating Law Enforcement Accountability & Responsibility Clinic (CLEAR) learned of Akram Djumaevs ordeal. The mission of the Wrongful Conviction Division is to identify and litigate claims of actual innocence in post-conviction proceedings. The site contains instructions and forms for applying for commutations and pardons. INTRODUCTION The Clerk has sent to the Court for review a pro se civil.20230302561 Of the Brooklyn cases, 331 were misdemeanor convictions and 47 were felonies. Member Organizations. By the numbers, there are 39,683 incarcerated persons in New York State prisons with many of them serving lengthy prison sentences. It would be among the largest mass dismissal of convictions in the country, according to data collected by the National Registry of Exonerations. His then-wife, Kisha Sims, said she expected that he would be acquitted and had been planning a coming home party for him. Pro Bono Scholar, Wrongful Conviction Unit at The Legal Aid Society pay $21,500 to each of hundreds of demonstrators, shows that the Police Department paid $121 million. A new review by the CRUunder a different directormay be Sims best chance at exoneration. Graves only agreed to testify after his fiance was arrested, according to a statement he gave in 2002, which he has since recanted. Two Legal Aid attorneys are also vital members of the Defenders Clinic team: Erin R. Tomlinson 10 as a Fellow and Visiting Attorney, and Bahar Ansari 06 as an adjunct professor. Read our cookies policies here. Prior to joining the Legal Aid Society, Sherry was Of Counsel Bashian P.C. Mark Hale, right, was chief of the Brooklyn District Attorneys Conviction Review Unit from 2014 until his retirement in 2021. However, three days into the trial, Hale told the judge that Graves was nowhere to be found and asked for a material witness order, which allows law enforcement to take a witness into custody to ensure that they appear in court. This is why our office consented to a hearing that would allow Mr. Sims to argue his claim of innocence before a judge, including a new contention, not made in previous motions, that his good friend was the alleged perpetrator and then conspired to frame him., But at trial, Sims defense counsel said that Graves, not Sims, was the perpetrator. These convictions continue to hang around people and impact them in all kinds of ways, Mr. Gonzalez said. Jobs; Salaries; Messages; Profile; . We deliver justice in every borough, working tirelessly to make our city a better place. It is my belief Mr. Graves will indicate he in fact saw the defendant shoot and kill the deceased in this case. "Most of our cases are 20 to 30 years old and the DNA technology has . Address. 5. The gun used in the murder was kept in the apartment where Graves lived. . As a result, the Unit has been able to take on more clients, reinvestigate their cases and advocate for their exoneration and release. Click here to learn more and register. SCOTUS Rejects J&J's Appeal of $302M Deceptive Marketing Penalty. According to Sims and his attorneys, Hale committed additional misconduct when he failed to disclose that the Brooklyn DAs Office was paying for Graves and his family to enter a witness relocation program. Riley was incarcerated for his role in a 1988 drug deal that ended in a homicide. Visit website. . When he was convicted, she told New York Focus, she thought that was the end of my world., In 2013, controversy over Hynes tactics helped Kenneth Thompson defeat Hynes. At the Legal Aid Society, Riley is part of a team that reviews claims of innocence, working to help to those who were wrongfully convicted achieve the vindication they seek and deserve. To me that's just an inherent dual loyalty," said Elizabeth Felber, a supervising attorney at the Legal Aid Society's wrongful conviction unit. Wrongful conviction lawyers have submitted the case to the Queens DA's Conviction Integrity Unit. Under New Yorks 2021 legalization law, several old and new penal law marijuana convictions will be automatically expunged. Experienced Litigation Support Specialist with a demonstrated history of working in the legal services sector. | translate }}, {{ "How do I add all the resources in my area?" By Rebecca Davis OBrien and Troy Closson. This conference is for Defense Attorneys only. The Legal Aid Society's Wrongful Conviction Unit represents those wrongfully committed once all appeals have been exhausted. Job Description The Legal Aid Society's Parole Revocation Defense Unit has an immediate opening for a Staff Attorney. . Graves testimony was essential for the prosecutions case. Chao Tzee Cheng was the son of a professor in cultural studies and a school principal.Of Cantonese origin, he later migrated to Singapore with his parents and received his education at Catholic High School and Victoria Continuation School. At trial, the States star witness was Graves, who testified that Sims had shot the victim. 2023 The Legal Aid Society. {{ 'All my collections' | translate }} {{ 'Resources for Pro members' | translate }}, {{ 'Free marketing materials' | translate }}, {{ 'Frequently Asked Questions' | translate }}, {{ 'And x more' | translate: { count: (tagsWithinArea.length - 4)} }}, {{ "Add or edit resources" | translate }}, {{ 'Community Learning Hub' | translate }}, 2023 One Degree, {{ 'a 501(c)(3) nonprofit.' The Wrongful Conviction Unit continues to grow in size and outreach since its inception in 2019. 199 Water Street The Legal Aid Society | 35,370 followers on LinkedIn. To Jabbar Collins, that conflict of interest makes it imperative that a CRU is led by someone outside the office. Since 2015, the DNA Unit of the Legal Aid Society in New York City has held an annual, two-day forensic conference for defense attorneys called Questioning Forensics. Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. The article has been updated to account for the one exoneration produced in that year. Please register prior to March 10th. New York, NY 10038. Browse 8 NEW YORK CITY, NY WRONGFUL CONVICTION jobs from companies (hiring now) with openings. The collaboration between the Defenders Clinic and The Legal Aid Society's Wrongful Conviction Unit will help the next generation of social justice attorneys develop vital lawyering skills while increasing access to post-conviction legal representation. Admission & Aid Overview; Undergraduate Admission; There is nothing that you need to do to make this happen. It was at that point, I forgave him, said Sims. (Yes!)" {{ "Empowering you to find what you need" | translate }}, {{ "It's always 100% free" | translate }}, {{ 'Search for resources' | translate }} >, {{ 'Learn how to use One Degree' | translate }} >, {{ "One Degree amplifies your work" | translate }}, {{ "View tools & resources" | translate }} >, {{ "We're a 501(c)(3) technology-driven non-profit" | translate }}, {{ 'Learn more about us' | translate }} >, {{ 'Learn about our impact' | translate }} >, {{ 'How do I search for resources on the One Degree app?' All Rights Reserved. Elizabeth Felber, supervising attorney for the Legal Aid Society's Wrongful Conviction Unit, said she hopes the next head of the unit, Hale's replacement, comes from the defense community, as has been the practice in other jurisdictions in New York, such as . Our services focus on providing support to survivors as they re-build after abuse. Hale then obtained a material witness order for Graves fiance as well, even though she was never called to testify at trial. Crime and delinquency 32: 518-544; Huff C, Rattner A & Sagarin E 1996. New York, NY 10038. According to Coopers civil complaint, two eyewitnesses said they recognized the assailant and it was not Cooper. The justice system can be overwhelming. Apparently the quickest way to corral the populace into *smart cities* with relentless surveillance is to Thompson recruited Harvard professor and former public defender Ronald Sullivan to lead the units effortsbut Mark Hale, the prosecutor from Sims case, was charged with supervising the units day-to-day activities. Brooklyn Prosecutors Seek to Throw Out Scores of Convictions, https://www.nytimes.com/2022/09/07/nyregion/brooklyn-prosecutors-convictions.html. A PRDU Staff Attorney represents clients accused of violating their conditions of release at administrative parole revocation hearings and recognizance hearings held in the criminal courts, federal detention facilities, hospital prison wards and, where applicable, local correctional . All rights reserved. The Defenders Clinic is on a mission to loosen the crushing hold of incarceration and criminalization in New York State by educating law students to be tireless and skilled criminal legal advocates. Pursuant to a federal grant, our WCU has teamed up with CUNY Law Schools Criminal Law Clinic and the Henry Lee Institute of Forensic Science to broaden its ability to represent the wrongfully convicted. Identifying and understanding the causes of wrongful convictions is critical to maintaining the integrity of our justice system. Hale was the trial prosecutor. I. When questioned by the trial judge after the witnesss outburst, Hale initially denied any knowledge of a lie detector test. The Innocence Network is an coalition of organizations dedicated to providing pro bono legal and investigative services to individuals seeking to prove innocence of crimes for which they have been convicted, working to redress the causes of wrongful convictions, and supporting the exonerated after they are freed. It's the daily routine for Elizabeth Felber, Alfonzo Riley and Thomas McCall the trio that runs the Legal Aid Society's new Wrongful Conviction Unit, a small new bureau for New York City . The Legal Aid Society is built upon one simple but powerful belief that no New Yorker should be denied the right to equal justice. Three weeks later, all his charges were dropped. Clemency. The WCU is also currently collaborating with private firms and criminal justice advocates, such as Jeffrey Deskovic and Derrick Hamilton. If the true focus of the CRU is to do justice, you need someone whos not going to get everything from a prosecutorial perspective and look at ways to save the conviction, said Collins, a legal analyst with Horizon Research Services. The Legal Aid Society's Juvenile Rights Practice (JRP) is hiring entry-level Staff Attorneys for a Fall 2023 class. The Legal Aid Society will be hosting its Wrongful Conviction Day event over Zoom on Oct. 6. About half of them involved four officers who were involved in a corruption scandal that rocked the police departments narcotics operations in Brooklyn more than a decade ago. Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. The expertise of renowned forensic scientists at the Henry C. Lee Institute of Forensic Science, with decades of experience in post-conviction work will enhance this collaboration. Browse Resources . Under a recent New York State law (CPL 160.59), some people may be able to get their criminal convictions sealed. A 1990 graduate . Sims has since remarried, to his junior high girlfriend, Keisha Sims. Alfonzo Riley, Case Handler (left), Elizabeth Felber, Supervising Attorney (center), Thomas McCall, Investigator (right), members of The Legal Aid Society Wrongful Conviction Unit. Record Sealing They dont want to hurt their friends or make their friends look bad. New York, NY 10038. Mr. Franco, who was fired by the Police Department, is awaiting trial in Manhattan. Tandy Lau is a Report for America corps member and writes about public safety for the Amsterdam News. Upon retrial, Hunt was offered a sentence of time served if he would admit guilt. If you were convicted of a criminal offense as a result of having been sex or labor trafficked, you may be eligible to have your record sealed. I expected the CRU to interview me, which would give me a chance to answer their questions and give a detailed account of seeing Julius shoot the victim., The CRU did not contact Sims to learn more about his claims. 9, 2019). Rooms are limited and are available on first come first serve basis. The Brooklyn cases originated from arrests that took place between 1999 and 2017. Get familiar with some legal terms and acronyms you might hear like appeal, adjournment, petition, jurisdiction, deposition, and affidavit. The bottom line is that the D.A.s Office is fighting to uphold Anthonys conviction despite overwhelming evidence that Anthony is innocent and never received a fair trial, said his attorney, Anthony should not have to suffer further years in prison while a hearing and likely appeal wend their way through the legal system even as prosecutors possess evidence showing that Anthony belongs home today with his wife and kids.. 212-577-3300. Sims also says he told all his appellate attorneys that he saw Graves commit the crime; his one surviving appellate attorney confirmed this to his current counsel. Involved and accomplished at a range of pro-bono initiatives.Skilled in Legal Writing, Advocacy Appeals, Legal research Constitutional Law, Civil law, Criminal Law, Human rights law, Terrorism law, Evidence law, and Alternative Dispute Resolution. They should be an entirely independent agency, totally separate from any DAs office., A lot of the prosecutors know each other, he said. Supervising Attorney - Wrongful Conviction Unit at The Legal Aid Society Sidwell Friends High School, Northwestern University, Benjamin Cardozo School of Law View profile View profile badges The Brooklyn review has been underway since last year and came after the offices review of cases involving a former narcotics detective, Joseph E. Franco, who was charged with perjury and other offenses in connection with his undercover work and testimony for prosecutors. The Criminal Appeals Bureau prepares commutation applications for eligible clients individuals with excellent institutional records who have served more than half of their minimum term and are more than a year away from parole eligibility. Additionally, each year, the Defenders Clinic hosts an experienced attorney on leave from The Legal Aid Society as a Fellow and Supervising Attorney. As ASA College prepares to shut its doors after years of controversy, New York continues to shell out tuition subsidies to for-profit colleges at rates higher than any other state. Last year, a New York Supreme Court judge vacated his conviction and, several months later, the DAs office dismissed the charge. After his testimony, however, the Brooklyn DAs office dropped the violation of probation. DECISION AND ORDER BRENDA K. SANNES Chief District Judge. If you are innocent and have exhausted all appeals for a conviction in New York City, write to The Wrongful Conviction Unit and request our questionnaire to be considered for representation: The Wrongful Conviction Unit Graves did not respond to multiple requests for comment from New York Focus. BY: Elizabeth Dickinson | DATE: Jan 04, 2021, BY: Naz Ahmad, Acting Director of CLEAR | DATE: Feb 01, 2023, Delivering Justice: CUNY Law and The Legal Aid Society Team Up to Reduce Incarceration through Post-conviction Testing of DNA Evidence. When Anthony Jr. was about eight years old, Sims recalled, he told his father that he would get Graves for what he had done. Freeing the innocent and preventing wrongful convictions worldwide. The judge admonished Hale for committing prosecutorial misconduct. She struck the witnesss testimony, but allowed the case to proceed.
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