October 2019 E-Newsletter

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Defendant Granted New Trial After District Attorney Failed to Disclose That Arresting Officer Faced Charges and Provided False Testimony
in Prior Proceedings

Jonita Martinez was granted a new trial and had her guilty verdict set aside upon the motions of her attorneys after it was found that one of the arresting officers, Nassau County Police Officer Daniel Dowsett, had previously been found guilty of providing false information, conspired to cover up the actions of fellow officers and falsely accused an innocent civilian. This information was withheld from Ms. Martinez and not disclosed until two weeks after the jury rendered its verdict.

The Nassau County District Attorney's Office alleged that Ms. Martinez committed petit larceny at a drug store in Elmont on January 26, 2017 and was driven away. Officer Eric Williams pulled the car over and Officers Dowsett and Kenneth Magnuson responded. During the stop, Ms. Martinez threw a cigarette down to the ground. Officer Dowsett then bent down to pick it up as Ms. Martinez attempted to step on the cigarette to put it out. Officer Dowsett then pushed Ms. Martinez in her breast area and she repelled his hands off her chest. Officer Dowsett then escalated the incident and an altercation broke out, with Officer Magnuson joining in with Officer Dowsett. Both officers handcuffed her and placed her under arrest, but claimed they were injured in the process. Officer Magnuson, meanwhile, testified that he did not see Ms. Martinez throw anything at Officer Dowsett, but he did see the officer try to pick up something from the ground and Ms. Martinez attempting to step on his hand.

Nothing about Officer Dowsett's past disciplinary actions was ever disclosed to Ms. Martinez or her attorneys at the time of her indictment on October 20, 2017 or during pretrial hearings conducted in March of 2018.

A Commissioner's report from 1999 found that, in 1997, Officer Dowsett and fellow officers were involved in an accident with a police vehicle, in which they crashed the vehicle into a storefront. In order to cover up the incident, they blamed the arrestee for causing the damage. According to the report, Officer Dowsett and the other officers falsely stated orally and in writing that the person in their custody caused the crash, conspired with the other officers to cover up the incident and failed to report the negligent operation of the vehicle, resulting in the accident. This information was never disclosed.

On March 9, 2018, Bureau Chief Brian Lee received an email regarding the Commissioner's report, but dismissed it. It wasn't until July 2, 2018, when he was working on another case that he came across the email. Four days later, without informing Defense counsel, the District Attorney had an ex parte letter delivered to the sitting judge, who, on July 9, 2018, conferenced the case, released Ms. Martinez and ordered the county to obtain Officer Dowsett's personnel file. The judge later recused himself from the case.

On September 30, 2019, State Supreme Court Associate Justice Teresa K. Corrigan granted Ms. Martinez' motion for a new trial. The court found that issues of Officer Dowsett's credibility existed, especially when he claimed Ms. Martinez threw a marijuana cigarette at him. Witnesses claimed they did not smell marijuana and a forensic report determined the cigarette contained tobacco. Further, Officer Dowsett had two “excessive use of force” complaints against him, both of which were settled without admission of guilt. Although the officer admitted this information existed, the District Attorney never provided that information to Ms. Martinez' counsel. Mr. Brewington was joined on this case by Oscar Holt, III.

Click here to view the Decision of the Court.

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