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The Legal Aid Society is applauding the decision by a Staten Island judge to vacate the conviction of Jason Serrano, a client who was the victim of police officers who planted evidence, as reported by Gothamist.
Mr. Serrano took a plea deal to avoid time on Rikers Island, not knowing that police body camera footage showed the arresting officers planting drugs in his car. Both officers, Kyle Erickson and Elmer Pastran, also have disciplinary records which were recently made public, including multiple past accusations of planting evidence. Both were factors in the Judge’s decision.
“This court finds that the body-worn camera footage, taken with the officers’ disciplinary files, demonstrate that the defendant may have been searched and seized in violation of his constitutional rights,” Judge Tamiko Amaker wrote in her decision.
“We’re thrilled that the court has finally recognized that Jason Serrano’s rights were violated when he was arrested, when evidence was planted on him, and then when he was prosecuted without disclosure of any of that information,” said Marion Elizabeth Campbell, one of Serrano’s attorneys at The Legal Aid Society.
Update 11/08/21: Changes against Mr. Serrano have also been dropped by the Staten Island district attorney.