Success in a legal matter can be measured many ways. Success can be
overstated in many ways. We count success as the case in which the
client is satisfied that we have done everything that could be done to
get the best possible result.
Sometimes our successes must be kept to ourselves, such as in cases
where the client was the target of an investigation which never resulted
in an arrest and prosecution.
However there are cases where the success on pretrial motions, or in
a trial or on an appeal or a post-conviction proceeding is so singular,
and so much the product of the particular kind of hard work and
excellence that we try to foster at Harrington & Mahoney, that they
deserve to be singled out for consideration by anyone thinking of hiring
our firm. While the range and size of these cases may differ, what does
not change is the approach taken to the case — thorough preparation on
the facts and the law and intelligent execution of the trial strategy.
We point out, however, that any success in past cases can not be
used as a predictor of what will happen in the next case. And, no
attorney can, or should, give any guarantee or promise as to the outcome
of a case
"White Collar" — United States v. John Rigas, et al.: The "Adelphia" Trial
In one of the "Top Cases of 2004" , after a 5 months of trial in a
Manhattan federal courtroom, Harrington & Mahoney walked out with
the only client acquitted of all 23 counts of an indictment alleging
billions of dollars in Securities Fraud, Wire Fraud, Bank Fraud and
Conspiracy. The defendants were John Rigas, the founder of Adelphia
Cable Company, the sixth largest cable company in the country, his two
sons, Tim and Michael, and our client, Michael C. Mulcahey. There were
over 12 million documents in the case, and 11,000 exhibits marked for
trial which was conducted in a "hi-tech" courtroom relying on electronic
displays, all managed by nationally known litigation support (DOAR) and
forensic accounting (Navigant) firms.
This acquittal went against a tidal wave of convictions of corporate
officers following the Enron and Arthur Andersen investigations, and was
based on our proof of the actual innocence of the accused and
overreaching by the government. Incidentally it is regarded as the first
time a Buffalo attorney has appeared in, and won, a trial in New York
City since the great Frank G. Raichle made several trial appearances
there in significant cases over 35 years ago.
Child Pornography
In the highly politicized and
ideological terrain of child pornography prosecutions, there are many
tragic stories of decent people victimized by the ready availability of
images of child pornography on the internet. The forces against the
accused may make it seem hopeless. Harrington & Mahoney has an
impressive record of obtaining reduced charges and sentences in these
cases, through nothing less than tireless and intelligent preparation
and advocacy.
In one most remarkable cases, a 19-year old freshman college student
with Asperger's Syndrome was arrested on child pornography charges in
the Spring of 2008 in Rochester New York. He faced a potential
mandatory minimum of 5 years in federal prison, and a lifetime of sex
offender registration requirements and residency restrictions.
Harrington & Mahoney was brought into the case by prominent
Manhattan attorney Mark Baker, of Brafman & Associates, to assist in
the defense. Intense advocacy, involving enlisting the support of
Autism and Asperger's Syndrome advocacy groups, and leading clinicians
in the field in the US and Canada, and extensive novel research into the
relationship between Asperger's Syndrome and apparent criminal
behavior, led ultimately to an agreement to allow the young man to plead
guilty to an offense which did not require sex offender registration,
and a sentence of probation.
Mr. Mahoney's groundbreaking work on this matter has resulted in
positive benefits in numerous other cases involving the tragic
intersection between the typical patterns of behavior of Asperger's
individuals and the criminal law, especially child pornography.
Death Penalty
People v. Jonathan Parker. Though the District Attorney in Erie County
was, by comparison, cautious about bringing a death penalty case, when
Jonathan Parker shot and killed an on-duty police officer this too was
destined to be a capital case, and here no plea was to be offered. Jim
Harrington was appointed as lead attorney and engaged in extensive
pretrial preparation designed to save the life of his young, but
troubled client. This was the only death penalty trial held in Buffalo
since the reinstatement of the death penalty, and it had all the makings
for a death verdict.
The victim was an African-American police officer, and so there
could be no plausible claim of racism if this African-American defendant
were given the death penalty. But using both the guilt/innocence stage
and the penalty stage of the trial to advance the few mitigating issues
that could be uncovered, and skillfully preparing his uneducated client
to address the jury, Jim movingly persuaded the jury to vote against the
death penalty.
People v. Michael Grinnell. The District Attorney in Batavia, NY,
had bragged about the local history of hangings and electrocutions,
arguing that capital punishment "has been a traditional and commonplace
form of punishment throughout the long history of Genesee County." And
so, when Michael Grinnell and Jake Russell were charged in the brutal
slaying of two other young coworkers in their traveling magazine sales
crew, in 1996, it was no surprise that the death penalty was sought.
This case was among the first cases brought under the new statute, and
it was the first to actually be scheduled for a trial. Because the
killing was accomplished literally by "stoning" the two to death, it had
very dark undertones. Mark Mahoney was appointed as the lead counsel in
the case for Grinnell.
His groundbreaking efforts to set a procedure for jury selection in
death penalty cases became the model for cases which followed [Mark had
written a chapter on jury selection for the Capital Defender Office's
manual]. But his pretrial motions attacking the indictment and his
extensive preparation for th trial resulted in the state agreeing to
forego the death penalty against Grinnell, despite the fact that his
co-defendant had agreed to testify against him.
Jim represented a Georgia inmate convicted and sentenced to death
for killing a police officer after a robbery. He obtained a remarkable
state habeas corpus decision setting aside the death sentence and
directing a new sentencing hearing. This decision was just reversed by
the Georgia Supreme Court, and the case will now go to federal court.
Robert Wayne Holsey v. Derrick Schofield, Warden, 642 S.E.2d 56, 7 FCDR
492 (Ga. 2007) Murder
Harvey Miles was charged in 1994 with killing another young man in a
street shootout, after the victim made threats against him. Even though
no weapon was found belonging to the victim, Mr. Harrington persuaded
the jury, through cross-examination of the prosecution witnesses and the
testimony of the accused, that this was a legitimate case of self
defense and Mr. Miles was acquitted.
Drug Smuggling
Inspections at the border with Canada, especially in the past few years,
result in many criminal charges involving the smuggling of controlled
substances. Frequently drugs are concealed in tractor-trailers coming
across the bridges and invariably the driver is arrested. Because the
proposition of guilt is plausible, and the consequences of conviction
enormous, it takes considerable courage for an accused to go to trial.
In a string of cases of this type, Jim achieved complete acquittals for
his clients. U.S. v Beant Mann (2004) ( 450 lbs. of marijuana hidden in
trailer); U.S. v. Tarlochan Jagpal (2006) (585 lbs. of marijuana hidden
in trailer); U.S. v. Desmond Williams (1987) (270 lbs. of marijuana
hidden in trailer); U.S. v. Huy Nguyen (1988) (Passenger in a car which
had 20 lbs. of heroin in suitcases, and expert witnesses were presented
to testify that in Vietnamese culture, the accused would never inquire
of the driver, who was his elder, what was in the suitcases).
In some cases we have achieved rare successes in arguing that the
police investigation was conducted in violation of constitutional
rights, like People v. Terrence Miles (1993 Greene County) (Stop on the
New York State Thruway for a "seatbelt violation" which resulted in
seizure of 1 kilogram of cocaine in the trunk and seizure was found to
be illegal); People v. Tracy Fonville (1994 Erie County) (Wiretap,
resulting in seizure at the Buffalo Airport of 2 kilograms of cocaine,
found to be illegally obtained, resulting in suppression of the evidence
and dismissal of the indictment); U.S. v Nigel Bostic (1991) (Seizure
at Buffalo Airport of 8 oz. of cocaine ruled illegal and the evidence
was suppressed and the federal indictment was dismissed).
Drug Dealing
Jim Harrington has obtained acquittals in several federal drug cases
where the evidence of guilt was very strong. In U.S. v. Larry Holmes, in
2001, our client had been present with a friend during a drug
transaction with an FBI informant which was recorded by video camera,
but was acquitted after it was shown that the informant had lied on the
witness stand and to the FBI.
In U.S. v. Michael Green, in 2000 (Rochester), our client was
charged with multiple sales of cocaine to an informant which were
observed by the federal investigators. He was acquitted after the
defense showed that it was a possibility that the informant had lied and
misled the police, and that the accused had sold marijuana, not
cocaine.
A successful attack on the credibility of the informant also
resulted in an acquittal in U.S. v. Charles Nocita, in 1999, where Mr.
Harrington's client was charged with delivery of methamphetamine to an
informant in California and conspiracy to deliver drugs to New York.
Sex Offense Cases
Among the most challenging criminal cases are those where children
accuse adults of sexual abuse. Certainly there is no presumption of
innocence in these cases. However we have obtained acquittals in these
cases as well. In People v. Merrill Lewin (1996 Erie County) Mr.
Harrington's client was charged with sexually abusing his grandson, and
was acquitted acquitted by the jury after the boy's credibility was
challenged on cross-examination.
The accused in People v. Michael Mitzo (2005 Erie County) was a day
care center worker charged with sexually abusing a child at work, and in
People v. Patrick Knoop (2002 Erie County) our client was charged with
sexually abusing his girlfriend's child. In each case our client was
acquitted by the jury after Mr. Harrington's cross-examination of the
child, and our attack on the quality of the investigation.
In People v. Stephen Kantor (2003 Niagara County) our client was
charged with forcible and statutory rape of a young woman he met on the
internet, after the police claimed he made incriminatory admissions to
them. Mr. Harrington's cross-examinations of the detectives, showing
that the supposed "admissions" were not true, and of the complaining
witness, resulted in a "not guilty" verdict.
Appeals
Because of our appellate experience, we are frequently asked to prepare
briefs in significant cases to advance the position of a party appearing
as "Amicus Curiae" ("Friend of the Court"). In a rare recent example
the New York Court of Appeals reached out to the criminal defense bar,
on very short notice, to submit an amicus curiae brief in a matter where
the defendant before the court had no attorney, and where important
constitutional principles, involving police search and seizures, were
involved. We helped prepare the brief, and the New York Court of Appeals
adopted our position that an arrest outside a police officer's area of
jurisdiction is not valid, and that such an officer cannot claim that
they were merely making a "citizen's arrest" to avoid the limits of
their geographic jurisdiction. People v. Jason Williams, 4 N.Y.3d 535
(2005).
Pro Bono Publico
When Governor George Pataki refused to allow attorneys defending death
penalty cases seek payment for the time expended by associates and
paralegals in their firms, it was not just an affront to the Court of
Appeals, which had approved rates of compensation for such staff (based
on Mark Mahoney's published papers on the subject) It was also an
assault on the taxpayers, because it would cost far more to have the
appointed attorneys perform work that could be capably done by their
staff billing at a lower rate.
Accordingly Harrington & Mahoney commenced an action against the
governor. After four years of litigation, involving an initial appeal
by us when the trial judge erroneously ruled that we had proceeded with
the wrong type of action, and another appeal after the trial judge,
hearing the matter again, finally ruled in our favor, we prevailed in a
unanimous decision against the Governor in, Mahoney v. Pataki, 98 N.Y.2d
45 (2002).
Post Conviction
After a conviction is affirmed on appeal, it is most difficult to
succeed in any further post-conviction proceedings. Harrington &
Mahoney has had experience and success in the past in federal and state
post-conviction matters. The a recent example of these was the case of
People v. Brian Sherk, 269 A.D.2d 755 (4th Dept. 2000) in which the
trial judge's denial of a motion to vacate the conviction (CPL Art 440),
on ineffective assistance grounds was reversed, resulting in the order
of a new trial.
Innocence Project
Because his close association with the Innocence Project Mark Mahoney
has often been called upon to assist in cases where prisoners seek to
have access to DNA testing, and other relief, in an effort to establish
their innocence. While we have successfully gotten relief for a number
of these prisoners just by a motion to the trial court, we have also
succeeded on appeals in securing the DNA relief that we have sought.
People v. William Hayes, 284 A.D.2d 1008 (4th Dept. 2001) (affirming 440
motion for DNA testing) leave to appeal denied, 97 N.Y.2d 641(2001)
Health Care Fraud
Harrington & Mahoney has substantial experience in Health Care Fraud
investigations and prosecutoins. In one recent case, an indictment
containing 64 counts of Health Care Fraud charges, under 18 USC § 1347,
was dismissed against an orthopedic surgeon represented by Harrington
& Mahoney pursuant to a deferred prosecuting agreement more than two
years after the indictment. Mr. Mahoney brought extensive challenges
to the search of the doctor's offices, and to the nature of the
investigation leading to the arrest, on claims of vindictive
prosecution, facial insufficiency of the accusation, estoppel, the
interests of justice, and a groundbreaking claim of lack of
jurisdiction.
The motion to dismiss was at first granted by the federal Magistrate
Judge, but then overturned by the district court. Nevertheless, after
extensive negotiations with the government, the charges were settled
with a "pretrial diversion" agreement which results in dismissal of all
the charges, with the payment of a settlement amount, with no adverse
consequences for he physician with respect to his medical license or
his ability to participate in federal payor programs
