The following are brief descriptions of some of Glenn A. Garber, P.C.’s cases. Some are high-profile, however initials are used instead of names out of respect for our clients. Many were wrongfully accused and wrongfully convicted.
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TRIALS
RC, touted by law enforcement as a notorious leader of a violent Asian gang, was charged with multiple counts of kidnapping and torture and faced life in prison. RC absconded before trial and Glenn Garber defended an “empty chair.” Due to RC’s fugitive status, America’s Most Wanted filmed the trial with the expectation of a conviction and running a segment about the case. After a two month jury trial in Queens County Supreme Court, RC was acquitted of all charges. America’s Most Wanted never aired the piece.
BG, a medical doctor, was indicted by the U.S. Attorney’s Office for the Southern District of New York for health care fraud based upon allegations that he billed for unnecessary medical services and fraudulently inflated insurance company bills. Discovery included over one million documents. The charges contained multiple counts of fraud and involved complex theories of criminal liability asserted by the United States Attorney’s Office. After a two-month trial, BG was acquitted of all charges, and the case was dismissed. BG’s medical license was preserved, and he continues to practice medicine.
KM was prosecuted for homicide by the New York County District Attorney’s Office. His trial lasted for two weeks in New York County Supreme Court. Based upon the assertion of self-defense and a challenge to the State’s expert on stab wounds, KM was fully acquitted.
DM was tried in Queens County Supreme Court for attempted murder based upon an alleged botched execution-style shooting. Glenn Garber utilized a forensic bullet trajectory and gunshot wound expert and constructed a defense that the shooting was accidental. DM was acquitted of all charges.
Appeals
MM was convicted in Monmouth County Superior Court, New Jersey, of sexually abusing a child in the first degree and other related charges and ordered to register as a sex offender. Glenn A. Garber, P.C. took on the case after conviction and pursued the appeal in the New Jersey Appellate Division. The appeal focused on the admissibility of hearsay and other unreliable evidence at the trial and the deprivation of MM’s constitutional right to due process of law. The Appellate Division reversed the conviction and granted MM a new trial.
KM was convicted of homicide in New York County Supreme Court and sentenced to 20 years to life in jail. The trial lasted for two-and-a-half weeks and included 8 days of jury deliberations. The appeal focused on errors in the trial court’s jury instructions on the law of self-defense. The New York Appellate Division reversed the conviction and granted KM a new trial.
SENTENCING
RP was prosecuted in the federal district court for the Southern District of New York for conspiracy to distribute large amounts of cocaine. He was facing a minimum sentence of 12 years in jail with a ten-year mandatory minimum. Without cooperating with the government, and arguing a variety of mitigating factors Glenn A. Garber, P.C. obtained a non-jail sentence for RP.
DM provided substantial assistance to law enforcement authorities on a homicide investigation with the understanding that the United States Attorney's Office for the Southern District of New York would seek a reduction of her federal sentence. When the United States Attorney’s Office failed to honor its promise, Glenn A. Garber advanced a habeas corpus petition claiming prosecutorial misconduct and bad faith. After extended litigation that targeted high-ranking Assistant United States Attorneys, the United States Attorney's Office conceded the motion, resulting in a sentence reduction.
WRONGFUL CONVICTIONS
HG was convicted of murder in Kings County Supreme Court and sentenced to 15 years to life despite his innocence. The wrongful conviction stemmed from his alleged participation in a Latin Kings gang assault and homicide by stabbing. Central to the trial conviction was misidentification evidence and blood stains on HG’s clothes that linked him to the victim. While HG was serving his sentence, Glenn A. Garber, P.C. took on the case pro bono and filed a post-conviction motion based upon DNA evidence and newly discovered eyewitness accounts. All charges were dismissed, and HG was immediately released from jail. After exoneration, Glenn A. Garber, P.C. brought lawsuits based upon HG’s wrongful conviction and violations of his civil rights. He received substantial and just compensation for the damages he suffered.
WM was convicted of rape, kidnaping and other offenses and sentenced to 20 years in prison. After his exoneration, which was based upon the recantation of the “rape victim” and forensic evidence, WM pursued civil remedies. He sued in the New York State Court of Claims, and brought a separate civil rights action that went to trial in federal district court. The civil rights case was based on the claim that police officers influenced witnesses to lie at the criminal trial and cause the wrongful conviction. Both cases resolved favorably and WM received substantial and just compensation for the damages he suffered.
False Arrest, Malicious Prosecution and Police Brutality
JA was brutally beaten by New York City police officers, and, in a cover-up by the police, he was falsely accused and prosecuted for assaulting law enforcement officials. After a thorough investigation, Glenn A. Garber, P.C. presented evidence of egregious police misconduct to the Queens County District Attorney’s Office who refused to dismiss the charges or discipline the officers. JA and an independent eyewitness then testified before a grand jury and all charges were dismissed. Glenn A. Garber, P.C. brought suit in federal district court based upon false arrest, malicious prosecution and excessive force and received substantial and just compensation on behalf of JA for the damages he suffered.