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Judge throws out second drug conviction because of officer's disciplinary history
Sep 11, 2020 6:33 am
Robert Gavin reports for the Times Union that for the second time this summer, State Supreme Court Justice Peter Lynch threw out a defendant’s drug conviction because of the disciplinary history of State Police Investigator Samuel Mercado. “The Albany County district attorney's office had a duty to inquire about any misconduct, necessarily including the censure history, which would have been directly relevant to impeach the opinions he gave at trial," Lynch stated. "The Albany County district attorney's office breached this duty." The Times Union reported on March 5 that Mercado has three letters of discipline for administrative errors involving documentation and record-keeping. The Brady rule requires prosecutors to reveal information to the defense that can help impeach the credibility of a prosecution witness. Read more about this story in the Times Union.