NY- Oswind David is still In jail 5 years after charges were dismissed.

A Brooklyn man whose assault charges were dismissed remains in prison after already serving five years. ABC7 reports that Oswind David was sentenced to 23 years in Sing Sing because a jury was not aware that a judge has tossed out David's indictments due to a prosecutorial error. "They have a Judge, a DA, a defense counsel, and everybody miss this?" David asks.

He first learned of the mistake after the DA's office acknowledged it in their response to a recent motion of David's, but they argued that David should remain in jail because a first degree assault charge "automatically includes a second degree charge," and those "charges" weren't dismissed. Makes perfect sense! Every lawyer who took a "Double Secret Ghost Law" seminar knows this. David's original attorney resigned and he's now represented pro bono by Rita Dave, who says "this was just a complete utter mess-up, on every level."


Link:
http://gothamist.com/2011/05/24/brooklyn_man_remains_in_jail_5_year.php