Fourth Department – Exculpatory evidence: People v. Williams

Listen to this article

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Exculpatory evidence — Statement against penal interest — Missing witness
People v. Williams

KA 24-00439

Onondaga County Court

Background: The defendant was convicted of murder and assault. The defendant argues that the court erred in refusing to admit into evidence a statement against penal interest of a witness who testified at a 440 hearing but was unable to appear for the defendant’s second trial on the matter. The witness had testified that he was standing outside with the residence of the victim with a third party. Someone had turned on a light startling the third party who fired into the residence. The witness was unequivocal that the defendant was not present during the shooting and did not fire the shots. The witnessed invoked his right against self-incrimination when called to testify at the defendant’s second trial.

Ruling: The Appellate Division reversed. The court held that none of any purported failings of the witness’s testimony rendered his testimony any less reliable than that of the prosecution witnesses. The court noted that the witness’s testimony is consistent with the female victim’s testimony that she was shot immediately after she turned on the light. The witness also testified that a .38-caliber firearm was used, which is consistent with the projectiles recovered from the shooting. The act of the third party jumping over a fence to escape is consistent with another witness’s account.

John R. Lewis for the defendant-appellant; Bradley W. Oastler, of the district attorney’s office, for the respondent.

Oral argument video