Barket Epstein partners Kevin Kearon and Donna Aldea secured a mistrial in a high profile criminal case in Suffolk County after they, along with co-counsel, uncovered the fact that the Suffolk County District Attorney’s office made material alterations to certified records that they presented to the grand jury hearing the case.
After admitting to making the alterations, and to conceal those alterations after the fact, the Suffolk DA tried to minimize the misconduct as minimal and argued that the trial should continue. Not only were Mr. Kearon and Ms. Aldea able to convince the court that the conduct warranted a mistrial, but they have also moved for dismissal of the indictment, disqualification of the ADA who committed the misconduct, and for the appointment of a special prosecutor to take over the case.