Glenn A. Garber, P.C.
Our Cases

The following is a description of some of the many cases that have been handled by Glenn A. Garber, P.C.


Hector Gonzalez was convicted of murder in the second degree in Brooklyn, New York, and sentenced to 15 years in prison for a crime he did not commit. The wrongful conviction stemmed from his alleged participation in the Latin Kings gang assault and stabbing of Lemuel Cruz. Mr. Gonzalez was 18 years old at the time. Crucial evidence against him at trial included blood stains on his pants linking him to the victim. Glenn Garber became involved in the case after Mr. Gonzalez was serving his sentence. He brought in Barry Scheck and the Innocence Project at Cardozo School of Law as co-counsel. Utilizing DNA test results and affidavits from witnesses as newly discovered evidence, Glenn Garber prepared a habeas corpus petition and secured Mr. Gonzalez's release from jail and the dismissal of all charges. Glenn A. Garber, P.C., is now working with the law firm of Cochran, Neufeld and Scheck, L.L.C., on civil claims for compensatory damages based on the wrongful conviction.
Ken Morris (alias to protect client's identity) was charged with murder in the second degree for stabbing a man on the lower eastside of Manhattan. The trial was before the Honorable Carol Berkman in New State Supreme Court. The case was prosecuted by two senior trial assistants of the Manhattan District Attorney's Homicide Investigations Unit. Glenn Garber asserted a self-defense claim and obtained a full acquittal for his client after a two and a half week jury trial.
Donna Jones (alias to protect client's identity) 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 Federal Prosecutor's Office failed to honor its promise, Glenn Garber advanced a habeas corpus petition under 28 U.S.C. 2255, claiming prosecutorial misconduct and bad faith. After extended litigation that involved high ranking Assistant United States Attorneys, the United States Attorney's Office conceded the motion, resulting in a sentence reduction.
Ronald J. Charles (alias to protect client's identity) was accused of multiple counts of kidnaping and torture and faced life in prison. The trial proceeded in Mr. Charles's absence with Glenn Garber defending an "empty chair." The case generated considerable media attention and the trial was filmed by America's Most Wanted. After a two month jury trial, Mr. Charles was acquitted of all charges.
David Manning (alias to protect client's identity) was tried for attempted murder related to a shooting in Queens County, New York. Glenn Garber hired a forensic bullet trajectory expert and constructed a defense based on an accidental shooting. After a two week trial, the jury returned a full acquittal.
Yu Kikumura was accused of being the first terrorist to plan an attack to be carried out on American soil. He was stopped on the New Jersey Turnpike in 1988 for carrying explosive devices that the Federal Government claimed were to be detonated at a naval recruiting office in lower Manhattan.

Mr. Kikumura was initially represented in Federal District Court in Newark, New Jersey, by the late William Kunstler and by his associate Ronald Kuby. The prosecutor was Samuel A. Alito, now an Associate Justice of the United States Supreme Court. Although the case was strong as to possession of explosives, it lacked proof beyond a reasonable doubt as to the intent to kill. Exploiting the lower standard of proof for sentencing under the relatively new Federal Sentencing Guidelines, Alito pushed for a sentence from the Honorable Alfred J. Lechner based on the attempted murder Guideline under the lesser standard of proof by a preponderance of the evidence. The result was a sentence of 30 years, an upward departure 10-fold above the Guidelines range. At the time, it was the largest upward departure ever imposed. United States v. Kikumura, 706 F.Supp. 331 (D.N.J. 1989).

On appeal, in a groundbreaking decision authored by the late Honorable Edward R. Becker, the Third Circuit reduced Mr. Kikumura's sentence to 210 to 262 months, and held that a clear and convincing standard of proof, as opposed to the lesser preponderance standard, was required to justify the substantial departure. United States v. Kikumura, 918 F.2d 1084 (1990).

Glenn Garber represented Mr. Kikumura on his Federal habeas corpus petition. He advanced arguments similar to those raised in the Supreme Court's landmark decision in United States v. Booker, 543 U.S. 220 (2005). He also brought a newly discovered evidence claim of scientific fraud by the FBI Laboratory based upon assertions by Frederic Whitehurst. The habeas corpus petition was featured in Punch and Jurists as the "Habeas of the Month."