Defense Lawyer Sullivan Wins Another Murder Trial

01/30/2013

Criminal defense attorney scored another homicide trial success to his impressive trial record.  On January 16, 2013 a Queens County Supreme Court Judge granted Sullivan’s motion for an order of dismissal after the prosecution had fully presented its murder case against Jamal Eigner.

Sullivan convinced the Court that the evidence presented was legally insufficient to establish guilt beyond a reasonable doubt to any of the charges contained in the indictment which included, murder 2nd degree, attempted robbery, conspiracy and possession of a loaded gun.  The Court stated that it was constrained to accept the rationale of Sullivan’s argument of insufficiency of the evidence and not permit the jury to consider the evidence and not permit the jury to consider the evidence.

The case against Eigner and 6 other defendants was primarily based upon wiretap evidence.  Most of the defendant’s took plea bargains based upon the force of the evidence but Sullivan’s client decided to take his chances at trial with seasoned criminal defense attorney at his side.  His gamble paid off.  Had he been found guilty he faced a sentence of 25 years to life in prison.  Instead he walked to freedom after almost 3 years awaiting trial.

The charges arose from the shooting death of Joseph Azoro on April 2, 2010 in Far Rockaway, Queens.  The victim had gone to a location to make a drug sale.  However the intended buyer was overheard in wiretap conversation procuring gang members to rob the victim of his drugs.  The victim was shot and killed when he arrived to make his sales.  Sullivan’s client was claimed to be one of the persons whose services were procured to commit the robbery.

Sullivan believes he actually won the trial just before it started, because he succeeded in legal arguments that most of the wiretapped conversations should not be used as evidence against his client because of the so-called hearsay rule of evidence.  The Judge ruled that the accused’s own statements could be used against him but not the incriminatory statements of the other alleged accomplices.

This was Sullivan’s second consecutive homicide trial victory.  The Jamaican-born trial attorney honed his skills as a homicide prosecutor in the Brooklyn D.A.’s office in the 80’s.  Since then he has had an amazing success as a trial attorney in criminal and civil matters, including suits against the police for misconduct, false arrest, and civil rights violation.

Eigner has indicated that he plans to sue the NYPD for his false arrest almost three (3) years of incarceration.