Dave Hammond’s client was indicted on charges of CPW-2 and CPW-3 for possession of two guns. He had no prior felonies but a long history of misdemeanor convictions. The People were insisting on a plea and sentence of 6 years. At first glance, the case seemed open and shut for the prosecution. Dave enlisted the help of Richard Luciani, MSW for mitigation and Curtis Brown of 1st Choice Private Investigations for investigation.
Mr. Luciani’s assistance was invaluable. Through extensive family interviews and the collection of medical and educational records, his thorough report highlighted the client’s difficult upbringing as a victim of domestic abuse and his significant cognitive disabilities.
This report nested perfectly with Mr. Brown’s investigative efforts, which produced evidence that a known gang member used their client’s mental shortcomings and susceptibility to influence, in order to stash his guns at the client’s home. The mitigation report and the affidavits secured through investigation created a compelling defense case that ultimately allowed negotiation of the sentence down to the minimum possible term on the indictment.
At his plea and over the People’s objection, the court agreed to release the client so he could enjoy Thanksgiving with his family before starting his prison term. When he appeared for sentencing after the Thanksgiving holiday, the court allowed another adjournment so the client could enjoy the Christmas holiday with his family, again over the prosecutor’s objection. The court cited Mr. Luciani’s report as a basis for the compassionate release. This case shows that when a case seems open and shut from an evidentiary perspective and the prosecutor doesn’t budge, mitigation and investigation can go a long way in improving the outcome.
Excellent work Dave Hammond, Richard Luciani and Curtis Brown!!
Richard Luciani — New York Sentencing & Parole Advocacy — rluciani@twcny.rr.com — 315-243-9211