By Naya Wiezel
NEW YORK CITY, NY – This past Thursday 188 misdemeanor convictions related to corruption by eight now-convicted New York City Police Department officers were vacated by Manhattan District Attorney Alvin L. Bragg, Jr.
These convictions were dismissed because of apparent due process violations, after an investigation conducted by the Office’s Post-Conviction Justice Unit (“PCJU”). They also moved to dismiss the underlying cases.
The PCJU is currently reviewing more than 1,100 cases, based on a list of convictions of 22 former NYPD officers.
The DA, in conjunction with the New York County Defender Services, the Legal Aid Society, Neighborhood Defender Service of Harlem and the Assigned Counsel Plan, said the decision was made in the interest of reinforcing the importance of trust and confidence in the police department.
Bragg added, “While most law enforcement officials and police officers are dedicated public servants, these eight officers, who played a material role in hundreds of arrests, criminally abused their positions of power.
The DA charged, “These illegal actions irrevocably taint these convictions and represent a significant violation of due process rights – the foundational principle of our legal system.”
Bragg also emphasized the importance of fixing unconstitutional convictions, as “the stigma lasts a lifetime and prevents people from finding a job, going back to school or securing housing.”
Elizabeth Felber, director of the Wrongful Conviction Unit at the Legal Aid Society, stated, “The Legal Aid Society lauds District Attorney Alvin Bragg for vacating these convictions involving discredited NYPD officers.”
Felber added, “While this moment delivers some justice and closure to these New Yorkers, they were forced to endure hardships that should have never been allowed to happen. This includes incarceration, hefty legal fees, loss of employment, housing instability, severed access to critical benefits and other collateral consequences.”
The NYPD officers noted below were convicted and sentenced as part of the corruption scandal:
Former NYPD Detective Jason Arbeeny, facing four years in prison, was sentenced to five years’ probation and 300 hours of community service, after being convicted of Offering a False Instrument for Filing, Official Misconduct, and Falsifying Business Records for planting drugs on two individuals, in 2012.
Former Officer Michael Arenella was sentenced to 160 hours of community service after being convicted of Petit Larceny, Official Misconduct and Falsifying Business Records for taking money from an undercover officer who posed as a drug dealer and using the money to pay an informant, in 2009.
Former Officer Michael Carsey was convicted in 2012 of Perjury in the First Degree and Offering a False Instrument for Filing in the First Degree for lying under oath about how he obtained information that led to an arrest. His sentence was a conditional discharge and 36 days of community service.
Johnny Diaz, another former NYPD officer, was sentenced to six years in prison, after he was convicted of Bribe-Receiving in the Second Degree, Petit Larceny and Criminal Possession of a Controlled Substance in the Second Degree for accepting bribes and gifts from an undercover officer posing as a drug dealer, whom he also helped to transport cocaine.
Ex-Officer William Eiseman was sentenced to five years’ probation and three months in jail in 2011, after being convicted of Perjury in the First Degree and Official Misconduct for providing false testimony and conducting unlawful searches.
Another NYPD Officer, Michael Foder. was convicted of False Declarations before the Grand Jury or Court for lying under oath at a federal hearing. He was sentenced to three months in jail and was sentenced to three months in jail on the federal perjury charges, in 2019.
Former Officer Richard Hall was sentenced to five years’ probation in 2019, after being convicted of Bribe-Receiving in the Third Degree and Official Misconduct for releasing an 18-year-old woman from custody in exchange for sexual favors from her.
And, former Officer Nicholas Mina was convicted of the longest sentence of 15 ½ years, after being convicted of Criminal Sale of a Controlled Substance in the Fourth Degree, Criminal Sale of a Firearm in the Second Degree, Criminal Sale of a Firearm in the Third Degree, Grand Larceny in the Fourth Degree and Conspiracy in the Fourth Degree for stealing and selling guns from a precinct house.
