Ramapo Rape Suspect’s Killer Wants Charges Tossed
” A murder indictment in last year’s killing of a Ramapo man suspected of rape might not have happened if an Orange County prosecutor had not pushed grand jurors to continue deliberating after their initial vote.
The lawyer for David Carlson cites that as one example of what he alleges was the prosecutor’s misconduct in the grand jury presentation. He is asking the judge to dismiss the indictment.
” In this case, the presentation was infected with a desire to obtain an indictment,” lawyer Benjamin Ostrer wrote in court papers.
Carlson had been scheduled to go on trial last month in the Oct. 11, 2013, fatal shooting of Norris Acosta-Sanchez near Carlson’s home in Sparrowbush. But the trial now awaits a ruling by Orange County Judge Robert Freehill on Ostrer’s dismissal motion.
Ostrer suggested that the prosecutor, Assistant District Attorney Kerry Kolek, coerced grand jurors into charging his client with murder. He also accused her of withholding tapes of Carlson’s statements from the grand jury, relying instead on police testimony that mischaracterized whether Carlson ever claimed to have shot Acosta-Sanchez because the fugitive lunged at him.”
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