Brooklyn Man Still In Jail 5 Years After Charges Dismissed

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Brooklyn Man Still In Jail 5 Years After Charges Dismissed

A Brooklyn man whose assault charges were dismissed remains in prison after already serving five years. ABC7 reports that Oswind David was sentenced to 23 years in Sing Sing because a jury was not aware that a judge has tossed out David's indictments due to a prosecutorial error. "They have a Judge, a DA, a defense counsel, and everybody miss this?" David asks.

He first learned of the mistake after the DA's office acknowledged it in their response to a recent motion of David's, but they argued that David should remain in jail because a first degree assault charge "automatically includes a second degree charge," and those "charges" weren't dismissed. Makes perfect sense! Every lawyer who took a "Double Secret Ghost Law" seminar knows this. David's original attorney resigned and he's now represented pro bono by Rita Dave, who says "this was just a complete utter mess-up, on every level."

So the charges are dismissed, but the DA scumbag says that ``he should remain in jail`` because he says so. The guy DECIDES... doesn't matter what the law or the judges says, HE'S THE DA, HE RULES.

Anyone in the area wants to call Charles D. Hynes, the District Attorney?
(718) 250-2000

Send him an email like I did :

[email protected]

Let's hammer his office till the guy is released.

Maybe later, Im still on hold with Guantanamo Bay.

BTW, while I'm on hold, was wondering.... Are the charges dismissed over prosecution error only? As in, is it possible this man actually committed the crime he's serving time for (albeit unlawfully)?

Originally posted by Vitchilo
Home of the free right?

Um... not so much.
Shouldn't the Justice Department look into this? It's the very definition of absurd.

i guess the scumbag d.a. closed his email because i couldn't get thru. how many innocent people have already been executed or doing hard time, because pieces of sh-t like this can't let their ego handle that they made a mistake.

or because their petty, equally scumbag elite social circle will snicker at them at cocktail parties because he isn't as perfect as they are.

the amount of human garbage that walks the earth on both sides of the law, in all governments makes me glad that i rarely cross paths with them.

when i do, i usually give them a look like i'm going to drive their head thru the concrete, that usually takes the arrogant look off their stupid faces.

reply to post by Lighterside


That's where you start treading into murky legal/ethical waters, right? If I commit robbery but the DA tries to convict me of assault and I get sentenced for assault, even though I committed robbery what am I in jail for?

That's what it sounds like here, the DA thinks he should remain in prison because of secondary charges that come with the primary charge...even if the primary charge is dismissed.

At this point they know if they let him out they are going to get their asses sued, so the best way to avoid that is by keeping him fighting for his freedom.

It is very possible that the dude in q had an outstanding warrant that he never answered to. It could be a multitude of issues why he's still imprisioned. No one just sits in jail for no reason. Look at what is not being released.

Being a threat to TPTB comes to mind.

For any "system lover" who still hasnt figured it out yet, this can happen to anyone!

It turns my stomach every time some apologists pops in and rambles on about how the system is infallible and all the scum deserve what they get and blah blah blah.

There is virtually no real concrete barrier whatsoever preventing any one of us from being caught up, chewed up and potentially killed by this great system.

You dont have to do anything wrong ever and it will just murder you with all the righteousness and grandeur it can muster.