New York State’s highest court has agreed to look at an appeal of a lower court ruling that freed a Syracuse man convicted of the state’s first hate crime. The briefs have been filed and we are currently awaiting scheduling of oral argument before the New York State Court of Appeals.
Meanwhile, Dwight DeLee, the man who murdered Lateisha Green was recently arrested and charged with domestic violence. The one charge not dismissed in the Green case was a fire arms charge against DeLee. When his successful appeal led to his release, he was put on probation for the still standing fire arms conviction. Potentially, the domestic violence charge could have been found to be a probation violation resulting in DeLee going back to jail.
However, at the hearing conducted on the probation violation, DeLee was unable to produce a witness, his girlfriend, to testify on his behalf because the court officers could no find her anywhere in the courthouse though she had been seen waiting in the lobby. She claims to have stepped out for a cigarette momentarily. Judge Brunetti found that the officers violated DeLee’s constitutional rights in failing to find the missing witness and accordingly, he dismissed the probation violation charge insuring that DeLee remains a free man while we wait for the appeal of the Green case to finally be decided by the Court of Appeals.