July 2018 E-Newsletter

Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice

The Law Offices of Frederick K. Brewington is a well-respected litigation firm with an office in Hempstead, Long Island. Our focus is primarily in the area of civil rights, voting rights, employment discrimination, police misconduct, personal injury, medical malpractice, wrongful death and criminal law. However, the Law Offices of Frederick K. Brewington is a full- service law firm handling matters in numerous areas of law and providing a wide range of services from contract formation to litigation and trial practice.

RECENT VERDICTS AND SETTLEMENTS
$7.75 million- Civil Rights and wrongful death action brought by the family of deceased

$4.7 million- Repeated verbal and physical assaults on Yemeni-American employee, while supervisor failed to protect employee and discipline the assailant

$1.277 million- Race based attack and serious injury by violent acts against Plaintiffs, who were lured to an isolated warehouse

$2.8 million- Wrongful death, products liability case involving a tow motor accident at a sewage treatment plant

AT THE FIRM

Judge Releases Woman after Prosecution Fails to Disclose Information on Its Key Witness
Former Police Officer Was Disciplined for His Role in a Cover-up of a Motor Vehicle Accident

Acting State Supreme Court Justice Felice Muraca recently released Jonita Martinez from prison after learning that the Nassau County District Attorney’s office failed to disclose that its key witness was disciplined for lying about a motor vehicle accident involving another police officer. He said he has not yet determined whether or not to let the verdict stand.

Ms. Martinez was arrested in Elmont on January 26, 2017 after being stopped by two Nassau County officers for alleged shoplifting. Ms. Martinez was accused by Police Officer Dowsett of striking him, while Ms. Martinez asserted she was defending herself after police pushed her and placed their hands on her. During the altercation, one of the officers fell into a fence while attempting to arrest her and Ms. Martinez was charged with felony assault.

On June 27, 2018, Ms. Martinez was found guilty of felony assault, resisting arrest and petit larceny. However, it wasn’t until after the trial that Justice Muraca received an ex parte letter from the DA’s office on July 9, 2018 that it “mistakenly believed” all the records were given to the defense. The only way the Defense learned that the prosecution failed to disclose that its key witness, former Nassau County police officer Daniel Dowsett, was disciplined was when the Court informed Frederick K. Brewington, Ms. Martinez’ attorney.

The impact of this information was that the jury was not only deprived, it was essentially misled to believe that Officer Dowsett was truthful, trustworthy and unblemished, as was urged during the closing argument presented by the prosecutor. All the while, the People knew that he had this record and that their statements were not supported. Just as critical, the prosecution failed to inform the Defense for three (3) months of this information, which included a full trial, that this man had pled guilty to lying to his superiors and fabricating evidence by pinning a crime on an innocent person. He also conspired with other officers to conceal wrongful actions of another police officer and fabricated a story with other officers to cover up their own wrongdoing. He then misled and failed to report the improper and negligent operation of other officers to his superior officers and kept all of this a secret. In addition, he filed false information in court to which he swore, thus making a known false statement under oath to the Court. The DA’s office claimed there was “no willful intent” to withhold this information.

Mr. Brewington said, “The people in this situation knew exactly what their obligation was. He (Dowsett) was their prime guy… There’s no excuse for the failure to disclose.”

Ms. Martinez was released from jail on her own recognizance, and the matter is moving forward to address this failure to disclose by the People.

556 Peninsula Blvd., Hempstead, New York 11550 | Phone: 516-489-6959 | Fax: 516-489-6958

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