Judge Blasts Brooklyn Da’s Office for Case Delay, by Josh Saul, New York Post, November 12, 2013

Judge Blasts Brooklyn Da’s Office for Case Delay

By Josh Saul
New York Post
November 12, 2013

http://nypost.com/2013/11/12/judge-blasts-brooklyn-das-office-for-case-delay/

Charles Hynes

Charles Hynes

The office of lame-duck Brooklyn DA Charles “Joe” Hynes tried to postpone a troubled sex abuse-extortion case Tuesday until after the veteran DA leaves office in January after 23 years – but an exasperated judge set another hearing for later this month and chastised the latest unlucky prosecutor assigned to handle the case.

“I have an ADA who has no info on this case,” said Brooklyn Supreme Court Judge Ann Donnelly, who told prosecutors to turn over evidence faster. “In a case from 2011, this should already have been done.”

Assistant District Attorney John Holmes took over the case this week after controversial rackets chief Michael Vecchione booted the two veteran ADAs handling the case Friday when they demanded he dismiss the evidence-challenged prosecution against Sam Kellner. The Post first reported the shakeup on Monday.

Asked if the DA investigation into the extortion was complete, Holmes said, “I’m not sure, Your Honor.”

“You’re not sure?” Donnelly said incredulously.

The fresh-to-the-case Holmes asked for a trial date in early January — Hynes’ last day in office is Dec. 31 –- but defense attorney Michael Dowd protested.

“Judge, they’ll never be ready as long as Joe Hynes is the DA,” said Dowd. “This is a disgrace.”

Donnelly set a Nov. 25 hearing for prosecutors to turn over several recordings.

Holmes said yet another prosecutor would soon replace him on the case.

Hynes lost his re-election bid last week by a huge margin to former federal prosecutor Ken Thompson, who had called the Kellner prosecution a “botched case” during his campaign.

Kellner is accused of trying to blackmail a Brooklyn cantor by paying a young man to accuse the cantor of sex abuse.

The case against Kellner was compromised when prosecutors announced in July that a witness who had accused Kellner of paying him to say the cantor had abused him began contradicting himself.