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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.
Federal Judge Rules Suffolk County Must Release Grand Jury Proceedings in Case Involving Death of Kenny Lazo
On April 23, U.S. Magistrate Judge Gary R. Brown ruled in favor of Frederick K. Brewington’s clients, Patricia Gonzalez and Jennifer Gonzalez, to have the complete records of a state grand jury proceeding concerning the death of Kenneth Lazo. As a result, the plaintiffs will receive the testimony of the medical examiner and the prosecutor’s instructions to the grand jury as they pursue claims against the police officers responsible for Mr. Lazo’s death.
On or about April 12, 2008, at approximately 8:15 p.m., Mr. Lazo — a Latino — was driving his vehicle on the Bay Shore Road entrance ramp off the Southern State Parkway in a lawful manner. SCPD Officers Christopher Talt and John Newton began to follow Mr. Lazo in an unmarked car. Officers James Scimone and William Judge, in a marked vehicle, stopped Mr. Lazo. After being stopped, Mr. Lazo was continually beaten with flashlights and other objects by the four officers, although he showed no signs of resistance or attacking the officers. He later died as a result of his injuries.
Based on the autopsy conducted by Dr. Yvonne I. Milewski, the county’s chief medical examiner, Mr. Lazo died of a sudden cardiac event as a result of the beatings he suffered. The autopsy revealed blunt impacts to the head, body and upper extremities. The cause of death was ruled a homicide.
However, this piece of evidence was not presented to the grand jury until the week of October 20, 2008 — seven months after the autopsy was performed. As a result of the lengthy delay, the Suffolk County District Attorney’s Office exonerated the officers.
At the deposition, County Prosecutor John Collins could not recall whether the autopsy report was provided to the grand jury, but an in-camera review of Dr. Milewski’s testimony showed the grand jury never received the report. Counsel argued that, had the report been provided in a timely manner, the grand jury would have determined that Mr. Lazo’s death was a homicide.
Judge Brown also ordered the defense’s counsel to provide copies of exhibits used in Dr. Milewski’s testimony, in addition to a copy of the report and the prosecutor’s instructions to the grand jury.
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