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A Detective Was Accused of Lying. Now 90 Convictions May Be Erased.


Over almost twenty years as a police officer and narcotics detective, Joseph E. Franco made 1000’s of arrests, many for the possession and sale of medication. Mr. Franco usually labored undercover, and his testimony secured convictions for prosecutors across the metropolis.

But officers who as soon as relied on Mr. Franco are questioning his accounts. After he was accused of mendacity about drug gross sales that movies confirmed by no means occurred, Mr. Franco was charged with perjury in Manhattan in 2019.

Now, the fallout over Mr. Franco’s police work is spreading: As many as 90 convictions that he helped safe in Brooklyn will probably be thrown out, prosecutors plan to announce Wednesday. Many extra instances in different boroughs might comply with — a reckoning that legal professionals stated seems bigger than any within the metropolis’s authorized system in latest historical past.

On Wednesday, the Brooklyn district legal professional, Eric Gonzalez, will ask judges to dismiss years-old drug instances by which Mr. Franco served as a vital witness. The workplace didn’t uncover new proof of attainable misconduct — and none of the individuals concerned nonetheless stay behind bars. But Mr. Gonzalez stated he had misplaced religion in Mr. Franco’s credibility.

“We’re in a moment of talking about criminal justice reform,” Mr. Gonzalez stated in an interview this week. “It’s clear that we couldn’t responsibly rely on his testimony to stand by these convictions.”

The transfer represents one of the most important dismissals of convictions within the state over considerations about official misconduct, and comes amid a heightened nationwide dialog about holding police accountable and curbing abuses amongst officers. In New York City, legislators not too long ago made it simpler to sue officers for conducting unlawful searches or utilizing extreme pressure.

Mr. Franco was charged in 2019 with 26 prison counts, together with perjury and official misconduct, after investigators within the Manhattan district legal professional’s workplace stated that he had testified to witnessing a number of drug buys that video footage confirmed didn’t occur or that he couldn’t have seen.

He has pleaded not responsible to the fees towards him.

Mr. Franco’s lawyer, Howard Tanner, stated his consumer is presumed harmless and stated he can be “vigorously defending” the case in Manhattan.

“I would therefore ask that the public withhold judgment until all the facts are heard,” Mr. Tanner added.

Nearly all of the individuals whose convictions that Mr. Gonzalez is in search of to dismiss had been charged with drug-related crimes, together with many for low-level possession offenses. The group — principally males arrested between 2004 and 2011 — spanned generations: Several had been underneath 20 years previous on the time of their arrests, and dozens had been older than 40.

Mr. Gonzalez’s workplace was not sure of the racial breakdown, however believed that many had been Black and Latino, teams who’ve represented a disproportionate bulk of many drug prices within the metropolis.

Most of those that confronted extra severe prices for drug gross sales — 27 individuals in whole — spent between six months to a 12 months behind bars. It was unclear how usually the crime represented their first or solely conviction, the district legal professional’s workplace and public defenders stated.

Even those that didn’t serve prolonged sentences had been left with prison information, which might have long-term penalties for housing and work prospects. In latest years, consideration on these lasting results has grown. In New York and elsewhere, information of some minor convictions have been expunged — an try and make amends for what’s now seen as overly aggressive policing of drug crimes previously.

But erasing information can solely go up to now, public defenders say.

“The damage is done at the point of arrest,” stated Tina Luongo, a lawyer who heads the prison protection follow on the Legal Aid Society. “They likely had bail set on them, spent time at Rikers Island, lost jobs, were separated from their families — no matter what happens, those harms were done.”

One man who was arrested 3 times by Mr. Franco is about to have every case dismissed, legal professionals stated. The man, who spoke on the situation of anonymity as a result of of privateness considerations, stated he was charged with a number of low-level drug crimes that he didn’t commit. Confronted with the prospect of a police officer’s testimony, he pleaded responsible.

The man was recent out of highschool, with a younger son and a second baby on the way in which, when he was arrested in 2005, he stated. He spent a number of years behind bars. The man, now 35, stated the transition house was rocky, and the arrests proceed to have an effect on him.

“I got the call that this was happening and it was supposed to be good news,” he stated. “But honestly, I don’t know that I feel any better. It affected my whole way of thinking. That stuff changes you.”

Mr. Gonzalez stated that his workplace couldn’t absolutely reinvestigate many of the 90 instances: Video proof had usually lengthy been misplaced, and potential witnesses from over a decade in the past couldn’t be tracked down.

After prices had been introduced towards Mr. Franco in Manhattan, it was not instantly obvious that the detective additionally had labored in Brooklyn, Mr. Gonzalez stated. The workplace finally pulled collectively an inventory of instances Mr. Franco was concerned in and flagged those who couldn’t have been prosecuted with out his accounts, he stated.

The concern over officers making false or deceptive statements about crimes is just not new. Between January 2015 and March 2018, an investigation by The New York Times discovered greater than 25 situations by which judges or prosecutors decided {that a} central facet of a New York City police officer’s testimony was doubtless unfaithful.

The fallout has echoed the Brooklyn district legal professional’s workplace’s reassessment of dozens of homicide instances investigated by Louis Scarcella, a former murder detective who dealt with some of the borough’s most infamous crimes, after one of his investigations unraveled. In that occasion, nevertheless, the workplace threw out solely a handful of instances and stated in 2017 that Mr. Scarcella broke no legal guidelines.

Other states have confronted related issues in recent times. In Massachusetts, for instance, 1000’s of low-level drug instances had been dropped in 2017 after prosecutors stated a state chemist mishandled drug samples and returned optimistic outcomes on ones she by no means examined.

Christopher Slobogin, the director of the prison justice program at Vanderbilt Law School who has studied false testimony by the police, stated the problem is commonest in low-level drug instances.

The Police Department fired Mr. Franco, 48, final April. But self-discipline is commonly uncommon.

Major questions first surfaced round Mr. Franco’s report in New York in the summertime of 2018, when the Manhattan district legal professional’s workplace launched a overview after discovering inconsistencies between Mr. Franco’s statements and proof in sure instances, stated Danny Frost, a spokesman for the district legal professional.

In one episode on the Lower East Side, a person was arrested in February 2017 after Mr. Franco stated he witnessed the person promoting medication contained in the foyer of a constructing. But prosecutors stated safety video confirmed the transaction by no means occurred — and Mr. Franco had by no means even entered the constructing.

In an identical arrest 4 months later, Mr. Franco stated he noticed a girl promoting medication in a constructing’s vestibule on Madison Street. He had not gone into the vestibule, nevertheless, and was too removed from the girl to look at any sale, prosecutors stated after reviewing safety footage.

Both individuals had been serving sentences at state prisons for the crimes when the brand new proof was found — and each convictions had been thrown out by the Manhattan district legal professional’s workplace.

In a 3rd case, Mr. Franco stated he witnessed a person promoting cocaine to a different girl. Prosecutors stated new video proof confirmed the person — who was not in jail on the time, however whose case was additionally dismissed — had solely held open a door for her.

The three individuals every pleaded responsible. Prosecutors later recognized one other case with two arrests by which they stated proof confirmed Mr. Franco had made false statements.

In Brooklyn, Mr. Franco additionally labored undercover in narcotics, shopping for medication and arresting the individuals who bought them. All however one of the 90 individuals entered responsible pleas. The district legal professional’s workplace didn’t discover proof of innocence in its restricted investigation, however Mr. Gonzalez and public defenders famous that innocent defendants might take responsible pleas for a number of causes.

“People understand that when it’s their word against the word of an officer, the system is not designed to give them the benefit of the doubt,” stated Maryanne Kaishian, a senior coverage counsel at Brooklyn Defender Services, which represents a number of of the instances. “Many people will decide that it’s not worth it to them.”

The steps by the Brooklyn district legal professional’s workplace intensify stress on district attorneys in different boroughs to re-examine Mr. Franco’s instances. Shortly after becoming a member of the division in 2000, Mr. Franco was an officer for a number of years within the Bronx.

The Bronx district legal professional’s workplace has been reviewing about 150 instances within the borough that Mr. Franco was concerned in between 2011 and 2015 to find out if the convictions are nonetheless dependable, Patrice O’Shaughnessy, a spokeswoman for the workplace, stated on Tuesday.

Sheelagh McNeill contributed analysis.



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