Judge vacates Martin Soudani’s conviction for Brady violation
An Orange County judge vacated the grand larceny conviction of LBKM client Martin Soudani and voided the order for him to pay restitution to his uncle, Mout'z Soudani.
The judge said the case was tainted by payments of up to $63,000 Mout’z Soudani allegedly made to Assistant District Attorney Stewart Rosenwasser during the investigation and prosecution.
Last month, Mout’z Soudani and Rosenwasser were federally charged for the alleged bribery scheme. Rosenwasser fatally shot himself when federal agents came to his home to arrest him.
Partner Art Middlemiss commented in the Times Union on the decision.
“We thank the Rockland County DA’s office in its capacity as special prosecutor, and the court, for its close and prompt attention to this matter,” Middlemiss said. “The fact that the Rockland County DA and the court came to the decision that it did so quickly has to throw significant doubt onto the way that the Orange County DA’s office dealt with this situation.”
Middlemiss believes the decision strengthens their case against the county and District Attorney’s Office.
“The court’s decision makes clear that Martin’s conviction was a travesty of justice,” he said. “With respect to our pursuit against the county, there is still a question of what the Orange County DA knew and when he knew it. We are disturbed that the Orange County DA brought the corrupt prosecution and then offered a quick plea deal for a short jail sentence because it put Martin in an impossible predicament.”
Last month, Mout’z Soudani and Rosenwasser were federally charged for the alleged bribery scheme. Mout’z Soudani is out on bond as the criminal case moves forward. Rosenwasser exchanged gunfire with federal agents and fatally shot himself when they came to his home to arrest him last month.
Martin Soudani is also represented by Marc Frazier Scholl, Anthony Capozzolo, and Joy Lee.
Read the full article on TimesUnion.com (subscription may be required).