EFTA00073168.pdf

BENNETT L. GERSHMAN Pace Law School Tele: Email: EDUCATION New York University School of Law, J.D. 1966 Princeton University, B.A., cum laude 1963 TEACHING EXPERIENCE Courses taught: Constitutional Law, Evidence, Criminal Law, Criminal Procedure, Trial Advocacy, Criminal Justice Seminar, Prosecutorial Ethics, Judicial Ethics, Death Penalty Litigation, Law and Film. Professor of Law (Tenured) 1976-85, 1988-present Pace Law School White Plains, New York James D. Hopkins Professor of Law (2009-2011) Pace Law School White Plains, New York Visiting Professor 1999 (Spring) University College Faculty of Laws 2002 (Spring) London, England Visiting Professor 1984 (Spring) Syracuse College of Law Syracuse, New York Visiting Professor Cornell Law School Ithaca, New York 1982-83 EXHIBIT G EFTA00073168 PUBLICATIONS Books The Law School Experience: Law, Legal Reasoning, and Lawyering (with Lissa Griffin) (2000) Trial Error and Misconduct (2d ed. 2007) (supplemented annually) Prosecutorial Misconduct (2d ed. 1999) (supplemented annually) Trial Error and Misconduct (1997) (supplemented annually) Prosecutorial Misconduct (1985) Book Chapter The Prosecutor's Contribution to Wrongful Convictions, J. Acker et al.. Examining Wrongful Convictions — Moving Back, Stepping Forward (Carolina Academic Press 2014). Law Review Articles Threats and Bullying by Prosecutors, 46 Loyola University Law Review327 (2014) Subverting Brady v. Maryland and Denying a Fair Trial: Studying the Schuelke Report, 64 Mercer Law Review 683 (2013).. Pre-Plea Disclosure of Impeachment Evidence, 65 Vanderbilt Law Review En Banc 141 (2012). Educating Prosecutors, and Supreme Court Justices, on Brady v. Maryland, 13 Loyola New Orleans Public Interest Law Journal 517 (2012). Judicial Interference with Effective Assistance of Counsel 31 Pace Law Review 560 (2011) Prosecutorial Decision-Making and Discretion in Charging Decision, 62 Hastings Law Journal 1259 (2011) The Zealous Prosecutor as Minister of Justice, 48 San Diego Law Review 151 (2011) 2 EFTA00073169 "Hard Strikes and Foul Blows"- Berger v. United States 75 Years After, 42 Loyola Chicago Law Review 177 (2010). Bad Faith Exception to Prosecutorial Immunity for Brady Violations, Harvard Civil Rights-Civil Liberties Law Review Amicus, Harvard Civil Rights-Civil Liberties Law Review, August 2010. Privacy Revisited: GPS Tracking as Search and Seizure, 30 Pace Law Review 927 (2010). Confronting Scientific Reports Under Crawford v. Washington, 29 Pace Law Review 479 (2009). The Most Dangerous Power of the Prosecutor — James D. Hopkins Memorial Lecture, 29 Pace Law Review 1 (2008). Litigating Brady v. Maryland: Games Prosecutors Play, 57 Case Western Law Review 531 (2007). Reflections on Brady v. Maryland, 47 South Texas Law Review 685 (2006). Prosecutorial Ethics and Victim Rights, 9 Lewis & Clark Law Review 559 (2005). How Juries Get It Wrong — Anatomy of the Detroit Terror Trial, 44 Washburn Law Journal 327 (2005). The Problem of Jury Misconduct, 50 South Dakota Law Review 322 (2005). Misuse of Forensic Evidence by Prosecutors, 28 Oklahoma City University Law Review 17 (2003). Witness Coaching By Prosecutors, 23 Cardozo Law Review 829 (2002) The Prosecutor's Duty to Truth, 14 Georgetown Journal of Legal Ethics 309 (2001)(reprinted in Chengchi Law Review, No. 116, August 2010). Child Witnesses and Procedural Fairness, 24 American Journal of Trial Advocacy 585 (2001). Mental Culpability and Prosecutorial Misconduct, 26 American Journal of Criminal Law 121 (1998). The Gate is Open But the Door is Locked: Habeas Corpus and Harmless Error, 51 Washington & Lee Law Review 115 (1994) Supervisory Power of the New York Courts 14 Pace Law Review 41 (1994) 3 EFTA00073170 The New Prosecutors, 53 Pittsburgh Law Review 393 (1992) [reprinted in Criminal Practice Law Review (Michie Company, 1993)] A Moral Standard for the Prosecutor's Exercise of the Charging Discretion, 20 Fordham Urban Law Journal 513 (1993)[reprinted in The Jury Trial in Criminal Justice (Koski ed. 2003)] A Tribute to Thurgood Marshall, 13 Pace Law Review 297 (1993) Justice William J. Brennan, Jr.: The Moral Force of His Language, 11 Pace Law Review 509 (1991) The Thin Blue Line: Art or Trial in the Fact-Finding Process?, 9 Pace Law Review 275 (1989) Proving the Defendant's Bad Character 11 American Journal of Trial Advocacy 477 (1988)[reprinted in Criminal Practice Law Review, Michie Company (1989)] Entrapment, Shocked Consciences and the Staged Arrest, 66 Minnesota Law Review 567 (1982) Abscam, the Judiciary and the Ethics of Entrapment, 91 Yale Law Journal 1565 (1982) The Perjury Trap, 129 University of Pennsylvania Law Review 624 (1981) Book Reviews Clarence Darrow, The Story of My Life Trial, p. 80 (April 1997) Wendy Kaminer, It's All the Rage, Trial, p. 85 (September 1995) David Von Drehle, Among the Lowest of the Dead: The Culture of Death Row, New York Law Journal, p. 2 (May 16, 1995) Martin Friedland, The Death of Old Man Rice Trial, p. 90 (March 1995) Hans Zeisel, The Limits of Law Enforcement, 33 Journal of Legal Education 745 (1983) Abscam Ethics: Moral Issues and Deception in Law Enforcement (M. Caplan ed.), 52 George Washington Law Review 166 (1983) 4 EFTA00073171 Other Published Articles The Eyewitness Conundrum, 81 New York State Bar Journal 24 (2009). Now You See It, Now You Don't: Depublication and Nonpublication of Opinions Raise Motive Ouestions, 73 New York State Bar Journal 36 (2001)[reprinted in The Champion, June 2002, p. 20] The Election and the Supreme Court, The Reporter Dispatch (October 15, 2000) Burdening Constitutional Rights, Criminal Justice Journal, p. 51 (Summer, 2000) Use of Race in "Stow-and-Frisk", 72 New York State Bar Journal 42 (2000) Race and Justice in Great Britain, New York Law Journal, p. 2 (March 11, 1999) Prosecutorial Turf Wars, National Law Journal, p. A36 (November 18, 2002) Busing and Desegregation, National Law Journal, p. A24 (October 18, 1999) Lie Detection: The Supreme Court's Polygraph Decision, 70 New York State Bar Journal 34 (1998) Perverting the First Amendment, New York Law Journal, p.2 (January 8, 1998) Prosecutorial Interference with Judicial Independence New York Law Journal, p. 2 (April 8, 1998) Defining Perjury Can Be Very Complex, The Reporter Dispatch (October 4, 1998) Judicial Interference with Effective Advocacy by the Defense, 33 Criminal Law Bulletin 424 (1997) Charging Crime: A Postscript, New York Law Journal, p. 2 (May 22, 1997) When Enough is Enough, New York Law Journal, p. 2 (November 6, 1997) Jurors Who Nullify, New York Law Journal, p. 2 (June 12, 1997) Prosecuting Prosecutors, New York Law Journal, p. 2 (December 20, 1996) Race. Crime and Punishment in New York, New York Law Journal, p. 2 (April 24, 1996) 5 EFTA00073172 The Governor's Misguided Attempt to Change the Exclusionary Rule, New York Law Journal, p. 2 (February 5, 1996) Judicial "Conservatism" New York Law Journal, p. 2 (June 21, 1995) Federal-State Debate Put in Perspective, The Reporter Dispatch (February 2, 1995) Prosecutorial Misconduct in Presenting Evidence — Backdooring Hearsay 31 Criminal Law Bulletin 99 (1995) Forfeiture and the Constitution, New York Law Journal, p. 1 (January 11, 1994) Second Circuit Evidentiary Ruling Includes Caution to Prosecutors, New York Law Journal, p. 1 (April 1, 1994) Abuse of Power in the Prosecutor's Office 6 The World and I 476 (1991) [reprinted in Criminal Justice, Annual Editions (1992-93)] Themes of Injustice: Wrongful Convictions. Racial Prejudice and Lawyer Incompetence, 29 Criminal Law Bulletin 502 (1993) [reprinted in L. Stolzenberg & S. D'Alessio, Criminal Courts for the 21' Century, p. 354 (1998)] Defending the Poor, Trial, p. 47 (March, 1993) Update on Rape Law in New York, New York Law Journal, p.1 (June 9, 1993) Reforming New York Criminal Discovery, New York Law Journal, p. 1 (January 27, 1993) Tricks Prosecutors Play, Trial, p. 46 (April, 1992) Will the Real Jim Garrison Please Stand Up?, New York Law Journal, p. 2 (January 27, 1993) Entrapment Revisited, New York Law Journal, p. 1 (January 27, 1993) Supervising Prosecutorial Misconduct in Grand Juries, New York Law Journal, p. 1 (August 3, 1992) Disqualifying Judges for Bias: The Sarokin Case, New York Law Journal, p. 1 (September 21, 1992) Justice Must Temper Zeal in Death Cases, The Reporter Dispatch (May 24, 1992) 6 EFTA00073173 Judicial Misconduct During Jury Deliberations, 27 Criminal Law Bulletin 291 (1991) [reprinted in L. Stolzenberg & S. D'Alessio, Criminal Courts for the 21m Century, p. 289 (1998)] State Constitutionalization of Criminal Procedure and the Prosecutor's Disclosure Obligations, 18 Westchester Bar Journal 101 (1991) Understanding and Challenging DNA Proof, 17 Westchester Bar Journal 91 (1990) The New Omnibus Crime Bill New York Law Journal, p. 1 (December 27, 1990) Capital Punishment Fails Economic Test, The Reporter Dispatch (April 10, 1990) The Prosecutor's New Power in Sentence Reduction, 5 Criminal Justice 2 (Fall, 1990) IRS Form 8300, 5 Criminal Justice 22 (Spring, 1990) The Right to Evidence, 61 New York State Bar Journal 52 (1989) Prosecutorial Suppression of Evidence 16 Westchester Bar Journal 275 (1989) Lawyers Shunning Death Row Cases, 16 Westchester Bar Journal 17 (1988-89) The Prosecutor as a "Minister of Justice", 60 New York State Bar Journal 8 (1988) [reprinted in Criminal Justice, Annual Editions 1989-90] The Prosecutor's Obligation to Grant Defense Witness Immunity, 24 Criminal Law Bulletin 14 (1998) The Harmless Error Rule: Overlooking Violations of Constitutional Rights 14 Westchester Bar Journal 291 (1987) Reflections on Client Perjury, 59 New York State Bar Journal 30 (1987) Why Prosecutors Misbehave, 22 Criminal Law Bulletin 131 (1986) [reprinted in G. L. Mayes, P.R. Gregware, Courts and Justice, 268 (1995); reprinted in M. Braswall, B. R. McCarthy, B. J. McCarthy, Justice, Crime, and Ethics 163 (1991)] The Burger Court and Prosecutorial Misconduct 21 Criminal Law Bulletin 217 (1985) Judicial Misconduct: Civil Rights Immunities and Liabilities, Civil Rights Litigation and Attorney Fees Handbook III (1985) Prosecutorial Misconduct: Civil Rights Immunities and Liabilities, Civil Rights Litigation and Attorney Fees Handbook 103 (1985) 7 EFTA00073174 Sanctioning Prosecutorial Misconduct, Bronx County Bar Journal 19 (Winter, 1985) U.S. Supreme Court Deals with Prosecutorial Misconduct, New York Law Journal, (October 18, 1995) Capital Punishment and Guilty Pleas, Journal News — June 14, 2003. Prosecution Double Standards , Journal News — October 26, 2003. Kelly Case Undermines Pirro Image, Journal News — February 16, 2004 Bush Will Lose `Presidential Power' Cases, Journal News — June 13, 2004 Religious McCarthyism, Hearsay, Winter 2004. Recent Blogs Preet Bharara Talks Too Much, Slate, March 2, 2015 Smartphones, Smart Ruling, Huffington Post, June, 2014 Cruel Justice — The Case of Don Siegelman, Huffington Post, June, 2014 New Commission to Regulate Prosecutorial Misconduct, Huffington Post, May 2014 Don't Let the Prosecutor Off the Hook, Huffington Post, May, 2014 Hurricane Carter's "Pig Circuis" Trials, Huffington Post, May, 2014 Smartphones and Befuddled Justices, April, 2014 The Senate's 7 Cowards, Huffington Post, March, 2014 Dumb District Attorneys, Huffington Post, March 2014 Refusing to Defend Unjust Laws: Prosecutorial Discretion or Prosecutorial Nullification?, Huffington Post, February, 2014 Licensing Crimes, Huffington Post, May 2013 CIA's Paranoid Response on Drones, Huffington Post, March, 2013 Cops Are Stupid But Prosecutors Are Smart Huffington Post, April, 2011 Why Barry Bonds?, Huffington Post, April, 2011 8 EFTA00073175 Clocking Trials, Huffington Post, May, 2011 "Rats" — Why Juries Believe Them, Huffington Post, May, 2011 DSK and Bail: But Aren't the French Right?, Huffington Post, May, 2011 Ashcroft Perverted Federal Law, the Supreme Court Blinked, Huffington Post, June 2011 When a Judge Stumbles. Do Appearances Matter? Huffington Post, June 2011 DSK and the Rest of Those on the Criminal Docket, Huffington Post, July, 2011 Was Casey Anthony's Jury Misled (By the Prosecutors)? Huffington Post, July 2011 Did Lawyers Abet the Phone Hacking Scandal?, Huffington Post July, 2011 The Case for Prosecuting Strauss-Kahn: Or Should Prosecutors Play God?. Huffington Post August, 2011 Let's Get Real About Eyewitness Identifications, Huffington Post September, 2011 "Tent City" Is Protected Speech, Huffington Post October, 2011 Ticket-Fixing: It Isn't "Professional Courtesy," It's Racketeering, Huffington Post October, 2011 "Big Brother" is Really Watching You -- GPS Surveillance in the Supreme Court, Huffington Post November, 2011 'See No Evil, Hear No Evil': Joe Patemo, Kitty Genovese, and the Crime of Silence Huffington Post November, 2011 Let's Kill All the Law Students Huffington Post November, 2011 Campus "Justice" Shows a Culture of Complacency, Huffington Post November, 2011 Shining a Light on Britain's "Gutter Press", Huffington Post December, 2011 Gingrich And The Constitution, Huffington Post December, 2011 Punishing Cops for Hate Speech. Huffington Post December, 2011 "Three Generations of Imbeciles Are Enough" Huffington Post January. 2012 9 EFTA00073176 Pardoning Criminals -- Appropriate Mercy or Perverting Justice?, Buffington Post January, 2012 Immigration Justice: Biased. Irrational. Unfair Buffington Post January 2012 How Immigration Courts Contaminate American Justice, Buffington Post January, 2012 Criminalizing Lies -- An Unusual Free Speech Case in Supreme Court, Buffington Post, February, 2012 It's Not About Conscience, It's About Bullying, Buffington Post February, 2012 51st State -- "Tranquility" or Puerto Rico?, Buffington Post, February, 2012 Law Schools in the Dock, Buffington Post, March, 2012 Charging George Zimmerman: Why Bypass the Grand Jury? Buffington Post April 2012 Were Trayvon Martin Witnesses Coached? Buffington Post, May 2012 When Rabbis Muzzle Sex Crimes Victims, Buffington Post, May 2012 Corruption, Bribery, and the Quid Pro Quo Conundrum, Buffington Post, June 2012 The District Attorney and the Penn State Scandal, Buffington Post, July 2012 Teaching Tolerance to Boy Scouts, Buffington Post, July 2012 Why Hasn't Lance Armstrong Been Prosecuted? Buffington Post, October 2012 Did Puerto Rico Really Vote for Statehood? Buffington Post, November 2012 Recent Op Ed Pieces The Eric Gamer Case Cries Out for Disclosure, Newsday, December 9, 2014 Gun Owners have a Responsibility, Journal News, December 29, 2012 Alas, Assembly Scandal Nothing New, Journal News, September 9, 2012 Police Did Not Need to Kill Kenneth Chamberlain, Journal News, May 13, 2012 Silencing Amicus Curiae National Law Journal, March 21, 2011 10 EFTA00073177 When Procedure Trumps Justice, National Law Journal, November 2, 2009 Jurisprudence of Labels, National Law Journal, March 30, 2009 Bell Shooting Critics Are Mistaken National Law Journal, June 2, 2008. Why a Public Outing? National Law Journal, February 21, 2008 Tankleff Case Needs Special Prosecutor, Newsday, December 30, 2007 The Stinger Missile Sting, Slate, December 12, 2007 Use Common Sense to Evaluate Ridley Shooting, The Journal News, April 30, 2009 Westchester County and Equality The Journal News, March 5. 2009 Separate and Unequal — The Paradox of 2008 Election The Journal News, November 12, 2008 No Guaranteed Right to Own Firearms, The Journal News, December 3, 2007 Client Choices and the Role of Arent Fox National Law Journal, November 12, 2007 When to Fault Client Choices, National Law Journal, October 8, 2007 Justices Go Hollywood, National Law Journal, August I, 2007 High Time The Hands-Off Approach to Prosecutorial Misconduct Changes, The San Jose Mercury News, July 1, 2007 Challenges to Justice, National Law Journal, June 18, 2007 No Gate Keeper of Justice, National Law Journal, February 19, 2007 Latest Exoneration Proves Experts' Lack of Credibility, January 31, 2007. Cleansing a Candidate's Sins...by Re-Electing Him, November 23, 2006 Hussein Trial Lessons, National Law Journal, November 13, 2006 Independent Inquiry is Needed in Deskovic Case, The Journal News, October 15, 2006 Pirro Failed to Follow Prosecutorial Rules, The Journal News, September 17, 2006 At Last, A Citability Rule. National Law Journal, May 22, 2006 11 EFTA00073178 Reporters Under Subpoena, National Law Journal, January 10, 2005 Cracking Justice's Facade, National Law Journal, October I1, 2004 Let's Untie Judicial Hands National Law Journal, August 9, 2004 Independent Labs Are Best, National Law Journal, June 14, 2004 Prosecutors Tell Lies, Too National Law Journal, March 22, 2004 The Spin, Confidentially, National Law Journal, July 21, 2003 Prosecutors' Tug of War, National Law Journal, November 18, 2002 Scholarly Papers at Conferences and Symposia Sentence Structure: The Elements of Punishment, Loyola University Chicago School of Law (April 4, 2014) Prosecutorial Ethics and Brady v. Maryland: Mercer Law School (October 5, 2012). Prosecutorial Immunity: Deconstructing Connick v. Thompson — Loyola University New Orleans Law School (November 4, 2011). The Most Dangerous Power of the Prosecutor — James Hopkins Memorial Lecture — Pace Law School (Oct. 6, 2008) Prosecutorial Ethics and the Right to a Fair Trial — Case Western School of Law (January 26, 2007) Reflections on Brady v. Maryland — South Texas Law School (November 4, 2005). Prosecutorial Ethics and Victim Rights — Lewis & Clark Law School (March 11, 2005) Misuse of Forensic Evidence By Prosecutors — Oklahoma City University Law School (March 6, 2003) Problems of Cooperating Witnesses - Benjamin Cardozo Law School (November 30, 2000) 12 EFTA00073179 The Prosecutor's Duty to Truth, Georgetown Law Center, Symposium on Government Ethics (March 30, 2000) The "Term Limits" Case — Conference on the Supreme Court and Local Government Law: The 1994-95 Term — Touro Law School (October 6, 1995) Urban Criminal Justice — Is It Fair? Does It Appear Fair? Stein Center for Ethics and Public Interest Law — Fordham University School of Law (November 18, 1992) The Expanding Criminal Law — CATO Institute, Washington, D.C. (November 15, 1990) Prosecutorial Discretion — Conference on Municipal Law, Brigham Young Law School, Salt Lake City, Utah (March, 1987) The Struggle for Justice - Law Day Keynote Speech, Rockland County Bar Association (May 1, 1992) How Just Are Our Courts? - The League of Women Voters, Ossining, New York (September 12, 1991) Grand Jury Abuse, - League of Women Voters, Bronxville, New Work (November, 1985) The Hinckley Trial and the Insanity Defense - Cornell Law School (March, 1983) Lectures at Training Programs for Judges and Lawyers ABA Symposium for Judges and Prosecutors on Victims' Rights, Dubai, United Arab Emirates (January 19-21, 2011) ABA Roundtable on Revisions to Criminal Justice Standards, Texas law School November 19, 2010 Criminal Discovery in New York State, New York State Judicial Institute, November 54, 2010 Missouri Office of Prosecutorial Training, Osage Beach, MO (March 21, 2008) Update on New York State Criminal Law, Judicial Institute (January 8, 2004). Orientation Program for Newly-Elected and Newly-Appointed Judges and Justices, N.Y.S. Office of Court Administration (1994-present) Summer Judicial Seminar for New York State Trial Judges (1995, 1996) 13 EFTA00073180 Confronting and Handling Judicial Misconduct, Annual Meeting, New York State Defenders Association (September 22, 1995) Fundamentals of Appellate Advocacy, New York State Bar Association (October 21, 1992) Evidence Update, Practice Skills Seminar, Duchess County Bar Association (March, 1992) Current Trends in Criminal Law — Public Defender Training Program, Montpelier, Vermont (June, 1991) Prosecutorial Misconduct — Practice Skills Seminar, New York State Defenders Association, Poughkeepsie, New York (January 1, 1991) Closing Arguments to a Jury — Practice Skills Seminar, New York State Bar Association, Poughkeepsie, New York (September 16, 1987) Prosecutorial Misconduct — National Legal Aid and Defenders Association, Washington, D.C. (December, 1985) Prosecutorial Misconduct — Erie County District Attorney's Office, Buffalo New York (September, 1985) Driving While Intoxicated, Westchester County Bar Association (September, 1984) Undercover Police Investigations, Onondaga County Bar Association (May, 1984) Search and Seizure, Monroe County Bar Association (October, 1983) Program Coordinator, Sing Sing Correctional Facility Paralegal Program. Taught and administered courses in evidence, criminal law, and criminal procedure to inmates and correctional staff at the Sing Sing Correctional Facility, Ossining, New York (1984-1988) Cornell Institute on Organized Crime, Lecturer (Summer, 1976) Other Recent Speaking Engagements Keynote Speaker, Innocence Symposium, Albany Law School, April 23, 2015 Editorial Spotlight, Journal News. Future of Gun Laws, December 20, 2012 14 EFTA00073181 Debate Over Gun Control, League of Women Voters — Ridgefield Ct, September 13, 2012 American Bar Association, Annual Litigation Meeting, Panel on Prosecutorial Misconduct, Washington D.C. April 17, 2008 Victims and the Criminal Justice System, Judicial Institute — April 4, 2008 USA Patriot Act - Hudson River Museum — June 10, 2003. Forensic Evidence — Moderator - Judicial Institute - May 22, 2003. Lawyers and Media - Public Relations Association of America — Sept. 10, 2003. The Brady Rule Forty Years After — Annual Mid-Hudson Trainer — November 14, 2003. USA Patriot Act — White Plains Democratic Committee — December 3, 2003. Religious McCarthyism - Benjamin Cardozo Society — December 8, 2003. The Bill of Rights — 212'h Anniversary — St. Paul's Church — December 15, 2003. Terrorism and Civil Liberties - Sarah Lawrence College — March 6, 2004. Expert Opinion. Testimony. and Consultation Bozella v. County of Dutchess (deposition) Donald Eugene Gates v. The District of Columbia (deposition) State Bar of Arizona v. Thomas, Aubuchon, and Alexander (Aug. 30, 2011)(deposition) Oliver Jovanovic v. City of New York et al., (2009)(expert report) Kevin Fox v. Will County (October 18, 2007)(deposition) Harrington v. Pottawattamie County (January 22, 2007)(deposition) New York State Assembly Codes Committee, Hearing on New York State's Death Penalty (January 21, 2005)(testimony) U. S. Congress, House Committee on Government Reform (February 25, 2002) (Amendment to 18 U.S.C. §I503)(testimony) 15 EFTA00073182 U.S. Congress, House Judiciary Subcommittee (July 27, 2000) (Testimony on H.R. 4015: Fair Justice Act of 2000)(testimony) State of Louisiana v. Kyles (October 31, 1997)(testimony) State of Connecticut v. Valentin (March, 1995)(testimony) Commonwealth of Kentucky v. Davidson (April, 1992)(testimony) Matter of Anonymous, Grievance Committee, Massachusetts Bar Council (March, 1986)(testimony) PROFESSIONAL ACTIVITIES Member, Editorial Advisory Board, Criminal Law Bulletin. Consultant, New York State Board of Bar Examiners (2000-2012) LITIGATION EXPERIENCE Prosecutorial Work Office of the New York State Anti-Corruption Prosecutor (1973-76) Chief, Appeals Bureau, Special Assistant Attorney General (1974-76) Chief, Bronx Anti-Corruption Unit (1973-74) Argued cases in state and federal courts involving public and political officials charged with corruption. (See, e.g., Cunningham v. Nadjari, 39 N.Y.2d 314 (1976); Nigrone v. Murtagh, 36 N.Y.2d 421 (1975); People v. Mackell, 40 N.Y.2d 59 (1976) Office of Frank S. Hogan, District Attorney, New York County (1967-72) Assistant District Attorney, Homicide, Rackets, and Appeals Bureaus. Investigated, tried and argued on appeal hundreds of felony cases, including murder, kidnapping, and corruption cases. Conducted major rackets investigations (e.g., municipal loan scandal and organized crime) Member, Mayor's Committee for the Enforcement of Law During Civil Disorders (1969) Criminal Defense Litigation 16 EFTA00073183 Author of Amicus Brief in Matter of Robert Gorghan v. DeAngelis et al., New York State Court of Appeals (September, 2006). Author of Amicus Brief in People v. Angel Mateo, New York State Court of Appeals (February, 2004) Author of Amicus Brief in U.S. Supreme Court in Jacobson v. United States, 503 U.S. 540 (1992) on behalf of American Civil Liberties Union and National Association of Criminal Defense Lawyers Argued numerous federal and state criminal appeals involving significant criminal defense issues (See, e.g., People v. Brims, 66 N.Y.2d 61 (1985) (confessions); Hynes v. ICarrasik, 47 N.Y.2d 659 (1979) (stealing records); People v. Ellis 62 A.D.2d 469 (1978) (judicial misconduct); United States v. DiTommaso 817 F.2d 102 (2d Cir. 1987) (right to counsel); People v. Howard, 513 N.Y.S.2d 973 (1987) (discovery); Hoff v. Kelly, (unreported) (2d Cir. 1987) (speedy trial); People v. Saraireh, 134 A.D.2d 464 (1987) (accomplice corroboration); People v. Mezon, 80 N.Y.2d 155 (1992) (suppression of evidence) Defended murder, conspiracy, and other complex federal and state felony indictments (1976-present) Panel member, Federal Criminal Justice Act Panel in the United States District Court for the Southern District of New York (1985-1992) Panel member, Homicide, Felony, and Appellate panels, First Department, New York State Supreme Court (1976-present) Assisted in death penalty litigation with Southern Prisoners Defense Committee, Atlanta, Georgia (1989-90) Supervised law students on death penalty appeal, Alabama v. Duncan, 575 So.2d 1198 (1990) (remanded) Assistant Public Defender, Rockland County (1984-85) AWARDS Pace Law School Outstanding Professor of the Year Award (May 23, 2004) Pace Law School Outstanding Professor of the Year Award (May 18, 2003) Pace Law School Outstanding Professor of the Year Award (May 19, 2002) Pace Law School Outstanding Professor of the Year Award (May 20, 2001) 17 EFTA00073184 Pace Law School Outstanding Professor of the Year Award (May 21, 2000) Pace Law School Outstanding Professor of the Year Award (May 31, 1998) New York State Bar Association, Criminal Justice Section Award for Outstanding Work in Criminal Law Education (January 24, 1991) 18 EFTA00073185