BELL v. COUGHLIN

No. 89 Civ. 8408(MEL).

820 F.Supp. 780 (1993)

Herman BELL, Anthony Bottom and Albert Washington, Petitioners, v. Thomas A. COUGHLIN, III, Commissioner, New York State Department of Correctional Services; Louis Mann, Superintendent, Shawangunk Correctional Facility; Charles Scully, Superintendent, Greenhaven Correctional Facility; and Dominic Mantello, Superintendent, Wende Correctional Facility, Respondents.

United States District Court, S.D. New York.

May 10, 1993.


Attorney(s) appearing for the Case

Lawrence A. Vogelman, Barry C. Scheck, Ellen Yaroshefsky, Cardozo Criminal Law Clinic, New York City by Joanne Richardson, Roy Wallace, Law Students, Brian Glick, New Rochelle, NY, Michael Spiegel, Bronx, NY, Jedidiah Alpert, Judith M. Rosen, Dechert Price & Rhoads, New York City, for petitioners.

Robert M. Morgenthau, Dist. Atty. for New York County, New York City, for respondents; Mark Dwyer, Marc Frazier Scholl, James J. Troy, Asst. Dist. Attys., of counsel.


LASKER, District Judge.

On May 12, 1975, Herman Bell, Anthony Bottom, and Albert Washington were found guilty of the May 21, 1971, premeditated murder of Joseph Piagentini and Waverly Jones, officers of the New York City Police Department ("NYPD"). This petition for habeas corpus relief raises two issues relating to the ballistics evidence in the case: (a) whether the prosecution failed to correct testimony which it knew, or should have known, was false, and (b) whether...

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