Footnote 1: Denial of a mistrial after severing the trial as to defendant Ardito was not error in view of the fact that much of the testimony as to her did not relate to defendants and of the Trial Judge's careful instructions to the jury as to what testimony should be excluded. 0000000667 00000 n 79 N.Y.2d 955, 583 N.Y.S.2d 209, 592 N.E.2d 817; People v. Linton, 166 A.D.2d 670, 561 N.Y.S.2d 259, app. In most cases evidence of prior uncharged crimes is not admissible because of its potential prejudicial effect. Because the sentences referred to were directly related to ultimate issues in the case and as admissions by defendants were strongly persuasive and, therefore, not merely cumulative, we conclude that the Trial Judge did not err in admitting them. SCHECTER: And, you know, he took it as a kind of practical joke. . Defendant argues that he was excluded when the People made an application, pursuant to People v Molineux (168 NY 264), to question him about the facts of a prior conviction and that the conference that ensued was essentially a hearing pursuant to People v Ventimiglia (52 NY2d 350) at which his presence was required. It was a huge deal, like the OJ trial of its time. An affidavit was submitted from the complainant, retracting charges. During trial Ardito became incompetent to stand trial, and the case against her was severed. These are just a few of the pre-trial suppression hearings available to you in New York State. A Ventimiglia application concerns the admissibility of evidence of prior conduct, other than direct proof of a defendant's prior crime, which tends to implicate the defendant in the commission of the crime (People v. Ventimiglia, supra-defendants charged with murder admitted to a witness that they had a location for disposing of the body). 3 << "[2]. However, this comment also foreshadows the possible use by prosecutors of the Molineux Rule, to show that Weinsteins alleged actions were part of a common scheme or plan. On May 5, 2010, a Molineux/Ventimiglia hearing was held to determine if the prosecution would be allowed to introduce evidence at trial that Cockett engineered a third fraudulent mortgage for 153 Putnam Avenue, Freeport in Nassau County on or about or between October 6, 2006 and November 6, 2006. Convenient, Affordable Legal Help - Because We Care. Douglas Wigdor represents one of them - Tarale Wulff. One of the exceptions is called a common scheme. Efforts to quantify the degree of probativeness necessary for admission establish that the evidence must be of more than "slight value" (People v Allweiss, supra, at 47), but the authorities are not in agreement concerning whether it must be "highly probative" (id.., at pp 47 and 49), simply "directly probative" (People v Vails, supra, at p 368; People v Jackson, supra, at 68), or "substantially relevant" (McCormick, Evidence [2d ed], 190, p 447), phrases which are themselves not entirely distinguishable. This article relating to law in the United States or its constituent jurisdictions is a stub. Attempts to categorize situations in which evidence of prior crime is admissible have yielded Molineux' well-known listing (168 NY, at p 293) of "(1) motive; (2) intent; (3) the absence of mistake or accident; (4) a common scheme or plan embracing the commission of two or more crimes so related to each other that proof of one tends to establish the others; (5) the identity of the person charged with the commission of the crime on trial", but even that listing is acknowledged to be "merely illustrative" (People v Vails, supra, at p 368) and "not exhaustive" (People v Santarelli, 49 NY2d 241, 248) or capable of statement with "categorical precision" (People v Molineux, supra, at p 293). In its discretion, a trial court may conduct an inquiry or hearing, outside the presence of the jury . The rule excluding evidence of uncharged crimes is based upon the human tendency more readily "to believe in the guilt of an accused person when it is known or suspected that he has previously committed a similar crime" (People v Molineux, 168 NY 264, 313; People v Allweiss, 48 NY2d 40, 47; see People v Zackowitz, 254 NY 192, 198) and is intended to eliminate the danger that a jury may convict to punish the person portrayed by the evidence before them even though not convinced beyond a reasonable doubt of his guilt of the crime of which he is charged. While that disposes of the issues on this appeal, we deem it proper to add some thoughts concerning the procedure to be followed in cases involving potentially prejudicial testimony such as that considered above. 0000002714 00000 n Although several women have alleged that Weinstein committed these and similar crimes, the indictment brought by the Manhattan District Attorneys Office only named two victims. The error is not reversible, however, because the necessary implication of the fifth and sixth sentences put before the jury the fact that defendants had murdered more than once before ("we put people there and they haven't found them for weeks and months" [emphasis supplied]). den. At the hearing, the People bear the initial burden of establishing the reasonableness police conduct and the lack of any undue suggestiveness (see People v Chipp, 75 NY2d 327,335 [1990] cert. Any future motion must be brought by way of order to show cause . 0000002753 00000 n If Harvey Weinstein is convicted of sex crimes in New York, it may be because prosecutors were able to call as witnesses women who claim to be survivors even though they are not named in the charges. Alec Baldwin is Formally Charged in Fatal Film Set Shooting, Eighth Circuit Hears Case That Could Dramatically Change the Voting Rights Landscape. 0000001122 00000 n FRIEDMAN: That's Harold Schecter. All rights reserved. SCHECTER: I guess I should have also mentioned that Roland Molineux worked as a chemist. Evidence of prior bad acts can be admitted in order to establish something other than propensity such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. In the Cosby trial, the five other accusers had reported sexual assaults similar to the sexual assault on the victim by Cosby. So, even though Molineux has the potential to let evidence of similar prior bad acts in at trial, the bad acts cannot be used to prove propensity, but rather to show one of the previously mentioned purposes. FRIEDMAN: Reporters started looking into Roland. If the case proceeds to trial however, the prosecution may attempt to bring in evidence of Weinsteins similar past behavior, for the purpose of establishing a pattern of sexual assaults. Weinsteins own defense attorney, Benjamin Brafman, told the press after his arraignment that Weinstein did not invent the casting couch in Hollywood, which has been seen as a glimpse into a possible defense for his client: that this was not rape, but rather a choice made by each actress in an effort to advance their careers. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. In a criminal case, this means that the prosecution wants to introduce evidence that the Defendant committed some other act. According to Dellacona, Ardito had agreed to lend him money and had instructed him to meet her at 7:30 P.M. on April 27, 1976 at Exit 19 of the Southern State Parkway. Here, many of Weinsteins accusers have brought forth similar stories of his abuse, which has been called casting-couch abuse. Women allege that Weinstein took advantage of his position as a Hollywood producer to force young actresses into having sex with him or performing other sexual acts. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 New York Appellate Digest, LLC Lee, 73 A.D.3d 1085, 900 NYS2d 653 [2nd Dept. To New York now and the ongoing trial of movie mogul Harvey Weinstein. 286, for permission to present testimony that the defendant, who is charged with Operating a Motor Vehicle While Under the Influence of Alcohol in violation of Section 1192(3) of the Vehicle and Traffic Law, had been previously convicted of the same crime in violation of subdivision (2). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 49 N.Y.2d 918, 428 N.Y.S.2d 1028, 405 N.E.2d 712). The second time the judge allowed other women to testify, and he was convicted. Chin, J. 3. *4. The defendant's absence from the pretrial hearing violated his right to be present at all material stages of trial, including ancillary proceedings. In most cases evidence of prior uncharged crimes is not admissible Molineux, 168 N.Y. 264 (1901) and its progeny. The Court of Appeals has referred to a Ventimiglia Hearing in cases where proof of prior crimes was admitted to show the charged crime was committed (e.g., People v. Spotford, 85 N.Y.2d 593, 627 N.Y.S.2d 295, 650 N.E.2d 1296 [assault; four uncharged crimes involving assaults]; also People v. Rodriguez, 85 N.Y.2d 586, 627 N.Y.S.2d 292, 650 N.E.2d 1293; People v. Alvino, 71 N.Y.2d 233, 525 N.Y.S.2d 7, 519 N.E.2d 8081 ); to People v. Molineux, supra, but not the hearing, in a similar situation (People v. Till, 87 N.Y.2d 835, 637 N.Y.S.2d 681, 661 N.E.2d 153-attempted murder; uncharged robbery); and to a Ventimiglia Hearing where there was evidence of prior conduct not constituting direct evidence of a crime of the defendant (People v. Maher, 89 N.Y.2d 456, 654 N.Y.S.2d 1004, 677 N.E.2d 728-murder; victim's statements concerning prior violent acts of the defendant toward her). The exception is used rarely in New York State, because evidence of prior similar bad acts is considered highly prejudicial. Copyright 2023, Thomson Reuters. FRIEDMAN: Prosecutors in the case of Harvey Weinstein say he committed sex crimes against a number of women. On the other hand, his present refusal, if otherwise admissible, could be shown as a consciousness of guilt at his trial (People v. MacDonald, 89 N.Y.2d 908, 653 N.Y.S.2d 267, 675 N.E.2d 1219, rearg. Mario said, 'Yeah, it's a good idea, we'll take him over there.' A year before trial, a Molineux/Ventimiglia hearing was held in the defendants presence, but the judge never ruled on the admissibility of prior uncharged offenses. Even if the trial court considered the same papers and read the hearing transcript, the record is silent as to what particular facts were emphasized at the hearing before the trial court, what the courts concerns were, and its reasons for making its rulings. Debra Cassens Weiss, Harvey Weinstein is indicted; could other accusers testify at trial? 0000026985 00000 n And another witness, Dawn Dunning, says after offering to help her with her career, Weinstein groped her and then apologized. Conceding that the statements were declarations by defendants implying a prior crime, the District Attorney argued that they were nevertheless admissible because they showed that the reason the defendants had chosen to commit the murder in the particular spot they did, some 30 miles from Mattana's home, was the possibility that his body would decompose before it could be discovered, that the statements related to the "where, why and how the murder was committed in the very remote section * * * where * * * it was carried out." All rights reserved. The law requires that the evidence be admitted for a specific purpose. /Length 5 0 R Dellacona testified that Ventimiglia first made a short trip from the bowling alley to the motorcycle shop in order to decide whether the murder could be accomplished there. Where defendants charged with murder, kidnapping and conspiracy have stated as part of their planning that they have a place for disposing of the body "where we put people * * * and they haven't found them for weeks and months", the statement is admissible because its probative value as to premeditation of the murder and as to the plan of the conspiracy outweighs the prejudice resulting from [*356] the admission implicit in the statement that defendants have committed prior murders. Uniondale, New York 11556, Local: 516-301-5917Toll-Free: 888-241-8181, 118-35 Queens Boulevard, Suite 400, They were only able to bring charges in two cases because some were outside of New York and some were too long ago, so they got the judge to agree that three of those women could testify as exceptions to the Molineux Rule. Here, as neither a summary grant or denial is warranted, this Court grants a Huntley [*7]hearing on the question of the admissibility of any statements. 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