Success Stories

Our partner, and head of our Suffolk County office, John H. LoTurco, obtained a complete dismissal of all charges on behalf of our client, Christopher B., at the Suffolk County County Court in Central Islip in September 2024.

The charges included Criminal Possession of a Weapon in the Second Degree, Criminal Possession of a Controlled Substance in the Third Degree, as well as traffic related charges.

Christopher B. retained our law firm in July of 2024, and John secured a dismissal 2 ½ months after being retained on the matter.

John immediately met with the assigned Assistant District Attorney and argued vehemently that Christopher B. was innocent of all charges.He argued that the firearm located in the vehicle did not belong to our client, but most likely was discarded by one of the charged co-defendants. Although the district attorney and the police justified the charges against our client with the legal doctrine of automobile presumption (which allows all occupants to be charged with any contraband recovered in a vehicle), John refused to accept any plea disposition other than a dismissal.

Prior to our firm’s representation, Christopher B. had assigned counsel for approximately 10 months who waived his Speedy Trial and Grand Jury rights, which caused Christopher B. significant anxiety and concern about the matter. He was especially concerned about the prospect of being indicted and potentially convicted: the minimum sentence for the violent firearm possession is 3 ½ years and the maximum sentence is 15 years. Accordingly, Christopher B. felt compelled to retain our firm to achieve the dismissal, and was elated at the expeditious and successful outcome on his behalf.

Bruce Barket, Alexander Klein and Aida Leisenring represented a client who spent three years in jail and close to an additional year in an immigration detention facility after being unfairly targeted by detectives in the NYPD Gang Unit in 2014.

In charging the NYPD detectives of perjury, then Manhattan District Attorney Cyrus R. Vance said, "These defendants are charged with fabricating the details of an arrest—seemingly out of thin air—in gross violation of their training, NYPD protocol, and the law. “When members of law enforcement commit misconduct, they threaten the credibility of our work and the safety of the citizens whom we are sworn to protect.”

W.B.'s convictions have now been vacated and dismissed by the Supreme Court of the State of New York, County of Queens, which has held that law enforcement’s behavior surrounding his prosecution represented a violation of his constitutional right to due process.

This settlement represents a small measure of justice for W.B. and his family.

In another huge appellate victory, the Second Circuit agreed with us that the State’s and County’s appeals should be dismissed in the Cal Harris case.

This means there will be a civil trial on November 4 in Utica, New York.

As Donna Aldea said, “For nearly two decades, Cal Harris was relentlessly pursued for a crime he did not commit, with law enforcement engaging in tactics to harass and traumatize him and his children and, when that failed, outright fabricating evidence against him while his wife’s killer remained at large, uninvestigated. The Second Circuit’s decision means that Cal’s lawsuit against the state police and prosecutor will now proceed to trial, where they can finally be held accountable for their actions.”

Read the decision and brief, by clicking the links below:

• 23-503(L) Harris v. Tioga County
• Respondent's Brief

After a well-attended induction ceremony and fundraiser held at Cipriani Wall Street in January, the first half of Steven Epstein’s year-long role as president of the New York State Association of Criminal Defense Lawyers is complete, with a range of successes already achieved, and many more on the horizon.

A few of his more recent and notable accomplishments as president of NYSACDL include:

• In April, Mr. Epstein appeared before a full bench of the United States Supreme Court to move in the admission of 12 lawyers who are members in the New York State Association of Criminal Defense Lawyers.
• He lectured in Albany, New York, for the New York State Bar Association’s trial academy on “Developing and Using Theme and Theory as Storytelling.”
• He met with Chief Judge Rowan D. Wilson, Chief Judge of the Court of Appeals, to discuss a plan to implement restorative justice in our criminal courts.
• Mr. Epstein was interviewed by multiple Rochester, New York area TV news stations on the conduct of Monroe County District Attorney Sandra Doorley after she fled police and used her position of authority to avoid arrest in a high-profile news story, regionally.
• He ran free member benefit CLE lectures on several topics, ranging from immigration consequences to how to open and run a criminal defense.
• Mr. Epstein lectured in Albany County for NYSACDL on using cross examination as a bridge from jury selection to summation.
• He regularly travels to Albany, New York, to lobby on behalf of criminal justice initiatives and to push back any efforts to limit bail and discovery reform.
• Mr. Epstein authored an article on writing pre-trial motions published in the most recent edition of “The Champion”, the periodical published by the National Association of Criminal Defense Lawyers.

And, Mr. Epstein continues to bolster his reputation as a nationally known DWI and criminal defense attorney in many other roles:

• He lectured in Tulsa, Oklahoma for the Oklahoma Criminal Bar Association on the use of Aristotle’s Trilogy to persuade a jury.
• Mr. Epstein serves as a member of the New York State Commission on Forensic Sciences, as an appointee of New York Governor Kathy Hochul.
• His practice group has been very successful litigating motions and obtaining dismissals for the failure of the People to file valid certificates of compliance.
• Mr. Epstein also wrote a syllabus for a class on jury selection which he taught at the Elisabeth Haub School of Law at Pace University, his alma mater.

Read more about Steve Epstein here.

During the course of the high-profile trial of former President Donald J. Trump, Steve Epstein and Aida Leisenring were called upon my reporters to weigh in on various aspects of the proceedings.

Mr. Epstein, a founding partner and also president of the New York State Association of Criminal Defense Attorneys, weighed in on the former trial on two occasions for Scripps TV News.

In one compelling segment, he joined the Scripps News panel to provide an in-depth analysis of the ongoing Trump trial. As former President Donald Trump faced unprecedented legal challenges, Mr. Epstein broke down the key aspects of the case, offering his unique perspective on the potential outcomes and implications for American politics.

Watch the interviews here: Jury excused after first day of deliberations in Trump hush money trial (scrippsnews.com)

Ms. Leisenring was interviewed by the New York Post and opined on what many legal pundits were talking about after the guilty verdict came in... what might happen when former President Donald Trump is sentenced in July. (Note: The sentencing has been postponed.)

From the article:

“'Jail, home detention, even probation for a 77-year-old, first-time offender (and former president at that) on the lowest level non-violent felony, who has a powerful appeal and no history of violence, drugs, or alcohol abuse, is almost unheard of,' said Aida Leisenring, a criminal defense attorney at Barket Epstein.

“'Home detention is not a state sentence, but the judge could make it a condition of probation, whereby President Trump would only be allowed to leave his residence for medical, religious and legal purposes and anything else the judge allows,' she said. Such a sentence . . . would raise more than eyebrows.'”

By the end of 2023, the team at Barket Epstein had won an extraordinary number of cases over a short four-month period, including a win in the Court of Appeals, two in the appellate division, and four jury trials, including the acquittal of a teenager charged with murder, two sexual assault cases and a DWI.

Since that time, there have been multiple additional substantial court wins to add to the win streak.

While keeping track of win statistics at law firms is not a thing, this kind of success is not typical, though it is the most objective testament to the hard work and expertise this firm brings to bear on every case it touches.

Here is a short list of some of notable, recent wins:

• Million Dollar Settlement for the Estate of Kevin Callahan: On June 10, 2024, Bruce Barket, Donna Aldea, and Alexander Klein settled Callahan v. County of Suffolk for $1.75 million. A shining example of the tenacity of representation offered at BEKAL, the litigation spanned a dozen years, four judges, and two make-or-break trips to the United States Court of Appeals—where Barket, Klein and Aldea won on both occasions. The settlement came on the doorstep of what would have been a second trial, and the resolution of the matter has drawn significant attention in the media, including from Newsday and ABC News.

• Settlement for the Estate of Tony McClam: In September 2020, Tony McClam was incarcerated and awaiting trial at the Metropolitan Correctional Center in Manhattan (MCC). In the early morning hours of September 24, Tony began suffering a heart attack in his cell. He received no attention from guards or other staff until approximately 7:00 a.m., at which point he had been deceased for so long that his body was cold to the touch.

Led by Bruce Barket and Alexander Klein, BEKAL brought a claim directly against the United States government under what is known as the “Federal Tort Claims Act,” arguing that the government was vicariously liable for the alleged negligence and related torts of MCC’s staff. Toward the conclusion of discovery, BEKAL reached a settlement with the United States government to bring a measure of justice to the McClam family for their loss.

• Appellate Reversal for Cornell Student: Donna Aldea, head of Appellate and Post-Conviction Litigation at Barket Epstein Kearon Aldea and LoTurco, LLP, obtained a reversal of a Cornell University student’s conviction of Sexual Abuse in the First Degree and Attempted Rape in the First Degree in a unanimous and detailed 10-page decision from the Appellate Division, Third Department.

Osman was a Cornell University undergraduate student who was charged with sexually assaulting another student through forcible compulsion. The complainant’s testimony was graphic, but her actions before and after the incident – including giggling on Osman’s lap while protesting that she had a boyfriend, hugging and kissing him goodbye after the alleged assault, and then inviting him back to her apartment later that day in a series of text messages that she purposely deleted from the copies she showed her friends and subsequently provided to law enforcement – seemed inconsistent with a forcible sexual assault. The Appellate Division held that the trial court committed reversible error in permitting the prosecution to elicit Osman’s statement to the complainant, just before the alleged assault, that he had previously served time in prison.

While the District Attorney argued that this statement was inextricably interwoven with the crime itself, and constituted proof of intent or a threat to secure the complainant’s compliance, the Appellate Division rejected these arguments as insufficient in probative value to overcome the prejudice to the defendant. Additionally, the Court held that while the evidence against Osman was legally sufficient to support the conviction, it was not overwhelming; accordingly, in this case based entirely on credibility, the Court concluded, the error in admitting this evidence was not harmless.

• Trial for Craig Costello: The matter of Craig Costello involves a federal civil rights claim arising from the use of a taser gun against an unarmed man in his brother’s driveway. On August 21, 2023, the Suffolk County Attorney’s Office filed a motion for summary judgment, claiming that the officer’s force was reasonable under the circumstances or that he was otherwise entitled to dismissal on account of “qualified immunity.” On November 27, 2023, Alexander Klein opposed the motion—highlighting that the degree of force was unreasonable across a wide spectrum of considerations, including the severity of the alleged offenses under investigation, the lack of immediate threat that Craig posed as he stood unarmed and stopped in his brother’s driveway, and Craig’s lack of resistance immediately before being shot with the taser.

On June 26, 2024, the United States District Court for the Eastern District of New York agreed with Klein and denied the County’s motion on all counts. The matter is now scheduled for trial on October 21, 2024.

• Criminal Indictment Dismissed for Corey S.:Our partner, John LoTurco head of our Suffolk County criminal practice group, obtained a complete dismissal of a criminal indictment on June 5, 2024 at the Suffolk County Court on behalf of our client, Corey S.

The dismissed indictment charges included the Class B Violent Felony of Assault in the 1st Degree, and two counts of the Class C Violent Felony of Criminal Possession of a Weapon in the 2nd Degree. This was a de novo indictment whereby the Suffolk County Police Department and the Suffolk District Attorney investigated a shooting at an Islip biker bar where it was alleged that our client shot a rival biker gang member and fled the scene on foot.

Ultimately, the presiding judge agreed to release Corey in his own recognizance at the time of the arraignment based upon LoTurco’s written argument supporting Corey’s innocence, and eventually agreed to dismiss the entire indictment based upon LoTurco’s investigation with the DA’s consent.

In September 2020, Tony McClam was incarcerated and awaiting trial at the Metropolitan Correctional Center in Manhattan (“MCC”)—a notorious jail that, among other things, hosted the death of Jeffrey Epstein, and has since been closed altogether. In the early morning hours of September 24, Tony began suffering a heart attack in his cell. He received no attention from guards or other staff until approximately 7 a.m., at which point he had been deceased for so long that his body was cold to the touch.

Led by Bruce Barket and Alexander Klein, BEKAL brought a claim directly against the United States government under what is known as the “Federal Tort Claims Act,” arguing that the government was vicariously liable for the alleged negligence and related torts of MCC’s staff. During the course of the litigation, BEKAL secured scores of records relating to the shuttered facility, took examinations under oath of several of the federal agents who worked there, and secured evidence relating to a witness who overheard cries for help that received no response for hours.

Toward the conclusion of discovery, BEKAL reached a settlement with the United States government to bring a measure of justice to the McClam family for its loss.

The matter of Craig Costello involves a federal civil rights claim arising from the use of a taser gun against an unarmed man in his brother’s driveway.

Investigated on suspicion of a misdemeanor and non-criminal violations, Craig Costello pulled his car into his brother’s driveway, came to a complete stop, and then exited his vehicle to inquire who the officer was. The responding officer, from the Suffolk County Police Department, exited his vehicle and marched aggressively toward Craig while pointing his loaded gun. When he reached Craig, the officer then executed a kick to Craig’s chest with his gun remaining drawn. Finally, thinking better of shooting Craig with his firearm, the officer grabbed his taser gun and, upon being asked for his name, fired a bolt of electricity into Craig’s body—causing him to fall face-first onto the driveway pavement as he screamed through convulsions in agony.

On August 21, 2023, the Suffolk County Attorney’s office filed a motion for summary judgment, claiming that the officer’s force was reasonable under the circumstances or that he was otherwise entitled to dismissal on account of “qualified immunity.” On November 27, 2023, Alexander Klein opposed the motion—highlighting that the degree of force was unreasonable across a wide spectrum of considerations, including the severity of the alleged offenses under investigation, the lack of immediate threat that Craig posed as he stood unarmed and stopped in his brother’s driveway, and Craig’s lack of resistance immediately before being shot with the taser.

On June 26, 2024, the United States District Court for the Eastern District of New York agreed with Klein and denied the County’s motion on all counts. The matter is now scheduled for trial on October 21, 2024.

On June 10, 2024, Bruce Barket, Donna Aldea, and Alexander Klein settled Callahan v. County of Suffolk for $1.75 million. A shining example of the tenacity of representation offered at BEKAL, the litigation spanned a dozen years, four judges, and two make-or-break trips to the United States Court of Appeals—where Barket, Klein and Aldea won on both occasions. The settlement came on the doorstep of what would have been a second trial, and the resolution of the matter has drawn significant attention in the media, including from Newsday and ABC News.

The litigation centers around a shooting inside the Callahan family home on September 20, 2011, when a Suffolk County Police Officer fired four shots at Kevin Callahan—hitting him three times—while he was unarmed, in his basement, wearing pajama-like clothing. The police had arrived at the household that day after Kevin, a struggling young man, had called his mother in a ploy for attention by telling her falsely that there was someone in the house with a gun. After the call, Kevin’s brother phoned 911 to report what Kevin had said and to request that a police officer check on him, adding his suspicion that Kevin was just seeking attention.

Law enforcement claims that after arriving at the home, one of the responding officers attempted to enter a bedroom in the basement when Kevin slammed the door shut on him. The officer then opened fire with his hand trapped “down” by his hip, the officer claimed. Yet ballistics evidence shows that the bullets hit Kevin high up on his body, and were traveling in a downward rather than upward trajectory. Moreover, according to the officer himself, the doorway had “let up” after he fired the first shot, yet his resort to deadly force continued—as he fired an additional three bullets at Kevin, hitting his target twice more. Kevin died at the scene.

During the pendency of the case, Kevin’s mother passed away. She died without knowing how the odyssey surrounding her son’s death would end. With this settlement, the family finally secures a measure of justice for the devastating loss that they suffered nearly thirteen years ago.

John LoTurco, head of our Suffolk County criminal practice group, obtained a complete dismissal of a criminal Indictment on June 5, 2024 at the Suffolk County County Court on behalf of our client, Corey S. The dismissed indictment charges included the Class B Violent Felony of Assault in the 1st Degree, and two counts of the Class C Violent Felony of Criminal Possession of a Weapon in the 2nd Degree. This was a de novo indictment whereby the Suffolk County Police Department and the Suffolk District Attorney (DA) investigated a shooting at an Islip biker bar where it was alleged that our client shot a rival biker gang member and fled the scene on foot. After a supposed thorough and comprehensive investigation, our client was indicted on the shooting, primarily based upon two eyewitnesses who selected our client via a photo array identification, including the bartender who stated she would never forget our client’s “steely blue eyes”. There was no video surveillance and no forensic evidence linking our client to the scene. The incident occurred on January 15, 2023 and Corey was arrested by the U.S. Marshals Office on a fugitive warrant at his North Carolina (N.C.) home on November 13, 2023.

After Corey retained our law firm, it quickly became evident that he had a strong quasi-alibi defense. In specific, the subject incident happened on a Saturday night/ Sunday morning at approximately 1 a.m. and we quickly gathered evidence from our client’s N.C. employer that he clocked out of work on Friday, January 13 at 3:30 p.m. in Charlotte, N.C. Moreover, LoTurco and his team gathered affidavits from his supervisor and coworkers that he was not only at work that day, but he also clocked in the following Monday at 7a.m. Equally as important, LoTurco’s team gathered Corey’s medical records which established that he was recovering from a fractured ankle at that time and was in a medical boot and scooter at the time of the subject incident. In contrast to the perpetrator who ran away from the scene, without any medical boot identified, or any medical scooter. LoTurco also provided affidavits of Corey’s family to support the fact that he was in N.C. at the time of the incident. LoTurco further provided all banking information, credit card information, EZ-Pass records, which all established that Corey did not travel outside of N.C. during the subject time period.

The presiding judge agreed to release Corey in his own recognizance at the time of the arraignment based upon LoTurco’s written argument supporting Corey’s innocence, and eventually agreed to dismiss the entire Indictment based upon LoTurco’s investigation with the DA’s consent.

The team of Donna Aldea, Alexander Klein and Bruce Barket earned a settlement for the Callahan family, after their son was killed by a police officer. Read the article in Newsday, here.

Donna Aldea, head of Appellate and Post-Conviction Litigation at Barket Epstein Kearon Aldea and LoTurco, LLP, obtained a reversal of a Cornell University student’s conviction of Sexual Abuse in the First Degree and Attempted Rape in the First Degree in a unanimous and detailed 10-page decision from the Appellate Division, Third Department,. See People v. Osman, __ N.Y.S.3d __, 2024 WL 2853531, 2024 N.Y. Slip Op. 03106 (3d Dept. June 6, 2024).

Osman was a Cornell University undergraduate student who was charged with sexually assaulting another student through forcible compulsion. The complainant’s testimony was graphic, but her actions before and after the incident – including giggling on Osman’s lap while protesting that she had a boyfriend, hugging and kissing him goodbye after the alleged assault, and then inviting him back to her apartment later that day in a series of text messages that she purposely deleted from the copies she showed her friends and subsequently provided to law enforcement – seemed inconsistent with a forcible sexual assault. The Appellate Division held that the trial court committed reversible error in permitting the prosecution to elicit Osman’s statement to the complainant, just before the alleged assault, that he had previously served time in prison. While the District Attorney argued that this statement was inextricably interwoven with the crime itself, and constituted proof of intent or a threat to secure the complainant’s compliance, the Appellate Division rejected these arguments as insufficient in probative value to overcome the prejudice to the defendant. Additionally, the Court held that while the evidence against Osman was legally sufficient to support the conviction, it was not overwhelming; accordingly, in this case based entirely on credibility, the Court concluded, the error in admitting this evidence was not harmless.

The decision is attached. The oral argument it available here (case number 113693): AD3 Archives (nycourts.gov).

Barket Epstein, with Alexander Klein leading alongside Bruce Barket and Kevin Kearon, achieved significant successes in criminal, civil rights, and commercial litigation:

1. In the case of K.G., the firm represented a local resident falsely arrested for DWI, resulting in the dismissal of all charges. Civil rights claims were then filed against the officer and Nassau County, leading to the denial of summary judgment and the case being set for a jury trial.

2. Defending Michael Philbin, a lieutenant in the NYPD, against civil rights allegations, the firm, led by Alexander Klein, secured a decision dismissing claims of false arrest and malicious prosecution after full briefing and oral argument.

3. In commercial litigation, led by Alexander Klein and Kevin Kearon, the firm represented T. J., a business owner, in a federal case against a private investigations firm. The Southern District of New York denied the defendant's motion to dismiss, offering a detailed analysis of federal pleading standards and their interaction with state law claims.

Donna Aldea and Alexander Klein secured a second appeal victory in the case of Kevin Callahan, who was fatally shot by a Suffolk County Police Officer in 2011. The Second Circuit Court of Appeals ordered a new trial after overturning the District Court's decision to dismiss the case based on qualified immunity grounds. This marks another step forward in a decade-long legal battle led by Aldea and Klein to seek justice for Callahan's family, allowing them to pursue accountability for his death.

Founding partner Bruce Barket and associate Aida Leisenring recently secured the acquittal of our client in a high profile federal criminal case that was hailed by federal prosecutors as the largest no-fault insurance fraud in history. The client was facing up to 15 years in prison.

Reporting on the acquittal from both Newsday and the New York Law Journal can be viewed by clicking on the links below.

• Newsday 012615 BMEK
• NYLJ 012915 Conroy Acquittal

In December 2023, led by Alexander Klein and John LoTurco, Barket Epstein secured a $275,000 settlement on behalf of a downtrodden man with the initials S.L., who had stolen $4.38 in beer from a local 7-11 and then sustained extensive physical injuries in a resulting scuffle with law enforcement.

Upon the intervention of police, S.L. reacted poorly and resisted law enforcement’s attempt to apprehend him.  The scuffle was captured on video, which showed police immediately bringing S.L. to the ground and, ultimately, four members of law enforcement on top of him—who was unarmed and had his back, and then his chest, pinned to the pavement. Despite several minutes of footage, there was no clear depiction of the officers throwing punches or kicks.  And when they lifted S.L. off the ground, where his face had just been planted, there were no markings of blood.  He was then escorted off the scene without visible injury, as confirmed by three different onlookers.  Yet by the time S.L. wound up at a nearby hospital the same day, however, his health had changed.  His nose was now fractured, his orbital bones had suffered a “blow-out,” and he had suffered internal injury inside his head. 

During the course of the representation, Klein secured expert reports demonstrating that the narrative offered by police for how S.L. sustained his injuries was medically implausible, and the case settled on the doorstep of trial. 

Led by Bruce Barket, Alexander Klein and John LoTurco, the firm drew widespread attention when it secured $13.8 million on behalf of a man who had been wrongfully convicted of a string of robberies in the 1980s. 

After having spent a quarter century in prison, Rodolfo Taylor’s conviction was vacated pursuant to his discovery of undisclosed Brady materials that were attendant to every civilian witness who had testified against him at trial.  The breathtaking scope of undisclosed materials includes a statement from one witness in which he identified “with no hesitation and … without a doubt” that the person who robbed him was someone else.  The same day, in fact, that other target was selected as the perpetrator by an additional eyewitness.  Despite the exculpatory nature of having two different eyewitnesses agree that the perpetrator was someone other than Mr. Taylor, these identifications were not disclosed to him or his criminal defense attorney at trial.  Incredibly, the same fate befell statements given to law enforcement two days later—where, again, two witnesses identified the perpetrator as someone other than Mr. Taylor.

As Barket, Klein and LoTurco learned during the course of the representation, the lead investigator responsible for Mr. Taylor’s arrest was motivated to clear the robberies in issue, as Suffolk County had fallen victim to a spate of gas station robberies in 1984—and blaming them on Mr. Taylor allowed him to close those files as “exceptionally cleared.”  The firm’s investigation determined that upon Mr. Taylor’s arrest the lead investigator cleared at least four other robberies based upon the premise that they were all committed by the same man.  Yet for each of these other “exceptionally cleared” robberies, all committed by the same person, Mr. Taylor had been placed in a lineup and not selected by the eyewitnesses.  This exculpatory information was, again, not disclosed to Mr. Taylor—who instead was convicted and spent a quarter century in prison for robberies he did not commit.

In the end, Suffolk County contributed $12.8 million toward settling the case with Mr. Taylor, with New York State contributing an additional $1 million.  While no amount of money could make Mr. Taylor whole for the horrific ordeal that he experienced, his settlement reflects one of the largest wrongful conviction settlement payouts in Suffolk County history.

Our associate attorney, Victoria Broderick, recently won a fatality hearing in which the Department of Motor Vehicles investigated the circumstances of a fatal motor vehicle accident and whether the client’s license and driving privileges should be suspended or revoked.

To suspend or revoke the client’s license, the judge had to determine that the client violated any provision of the Vehicle and Traffic Law or operated his motor vehicle with gross negligence or in a manner showing reckless disregard for the life or property of others.

While recognizing the emotions of the tragic accident during which the client’s vehicle hit a pedestrian crossing the parkway at dawn, resulting in the pedestrian’s death, Ms. Broderick argued that of all the potential hazards that might exist on that parkway, a pedestrian crossing the road is not one of them. Our client credibly testified that it was not his conduct that caused or contributed to the accident and that he was driving within the posted speed limit.

After considering the client’s testimony, the investigating police officer’s testimony, and other documentary evidence, the judge determined that the evidence was insufficient to warrant a suspension or revocation of the client’s license.

This summer, partners Bruce Barket and Aida Leisenring packed over a half dozen bins of discovery and relocated to Poughkeepsie to embark on a murder trial that would turn out to be among the most memorable of acquittals they ever experienced.

Nestor Ortiz-Ocampo was 18 years old when he was arrested for a fatal single stabbing at a high school parking lot. He is intellectually disabled, was outnumbered 6 to 1, had a small build, and he defended himself after being repeatedly kicked and punched and suffering head injuries as his skull bounced on the concrete of the parking lot grounds. The case is tragic on both sides.

A 16 year old died. And our client, who honestly feared for his life, faced 25 to life. They tried this case –which consisted of over 20 witnesses--aggressively, but with empathy. The jury acquitted Nestor of murder and manslaughter and found that he had a legal right to defend himself.

We will forever be grateful to this jury in this very difficult and sad case. Bruce and Aida picked up Nestor from jail, where he had lived for two years, and returned him to his father. Representing a kid is a responsibility like no other.

The Manhattan District Attorney’s Office is known for their aggressive prosecutions of sex crimes, in particular "date rape" allegations. Bruce Barket and Aida Leisenring recently defended a young man with no criminal record who was alleged to have had non consensual sex with a woman he met through a dating app. He pleaded not guilty and always maintained his innocence. The trial lasted four weeks and the prosecution’s evidence consisted of testimony from the complainant, her roommate, a nurse practitioner, a toxicologist, a DNA expert, and medical records and text messages.

The jury acquitted our client after 40 minutes of deliberations. We believed in our client’s innocence and are grateful that we were able to end this nightmare of litigation which lasted nearly three years.

Over the past four months, the team at Barket Epstein has won an extraordinary number of cases, including a win in the Court of Appeals, two in the appellate division, and four jury trials, including the acquittal of a teenager charged with murder, two sexual assault cases and a DWI.

While keeping track of win statistics at law firms is not a thing, this kind of success is not typical, but it is the most objective testament to the hard work and expertise this firm brings to bear on every case it touches.

Our associate attorney, Victoria Broderick, recently won a fatality hearing in which the Department of Motor Vehicles investigated the circumstances of a fatal motor vehicle accident and whether the client’s license and driving privileges should be suspended or revoked.

To suspend or revoke the client’s license, the judge had to determine that the client violated any provision of the Vehicle and Traffic Law or operated his motor vehicle with gross negligence or in a manner showing reckless disregard for the life or property of others.

While recognizing the emotions of the tragic accident during which the client’s vehicle hit a pedestrian crossing the parkway at dawn, resulting in the pedestrian’s death, Ms. Broderick argued that of all the potential hazards that might exist on that parkway, a pedestrian crossing the road is not one of them. Our client credibly testified that it was not his conduct that caused or contributed to the accident and that he was driving within the posted speed limit.

After considering the client’s testimony, the investigating police officer’s testimony, and other documentary evidence, the judge determined that the evidence was insufficient to warrant a suspension or revocation of the client’s license.

Renowned DWI attorney Steven Epstein achieved a significant legal triumph in Nassau County, securing a not guilty verdict on all charges for our client who faced a DWI charge.

Our client was charged with a DWI in Nassau County after being arrested by a New York State Trooper and providing a breath sample that resulted in a measured BAC of .13, nearly twice the legal limit. Steven Epstein, one of the most respected DWI attorneys in New York and nationally, won a not guilty verdict on all charges after a jury trial. His ability to attack the science and the trial skills he has mastered after 31 years and over 100 jury trials contributed to this client’s victory. Mr. Epstein has won acquittals in each of his three jury trials this year.

Working on behalf of a local auto body shop, Alexander Klein has brought litigation against one of the largest automobile insurance companies in the nation. A central claim in the case is that the insurance company grossly and systemically underpays consumers when they take their cars into a body shop for repairs after an accident. While promising to cover these consumers for all reasonable expenses based upon prevailing competitive prices, the suit alleges that the carrier uses its market power to suppress the market prices that are “prevailing.” In turn, the carrier then uses the suppressed “prevailing” price to refuse coverage beyond those artificial limits—often leaving consumers with bills to body shops that ought to have been paid by the insurance company.

The insurance company filed a motion seeking to dismiss this claim on the basis that, in its view, this conduct would not amount to deceptive business practices under New York’s General Business Law. That argument was firmly rejected on October 18, 2023, with the Supreme Court of the State of New York agreed with Klein’s arguments and allowed the claim to proceed into discovery.

This litigation remains ongoing.

Related Document

Donna Aldea and Alexander Klein Win Article 78 Appeal Against University in Title IX Case.

Our client, a Stony Brook University student with a bright future, had his life upended and job prospects destroyed when he was unfairly accused of sexual misconduct for engaging in consensual sexual relations with another student after both had been drinking. Suspended from school, with his academic record tarnished, he turned to us for help. Represented by Appellate Litigation Partner Donna Aldea and Civil Litigation Partner Alexander Klein, our client obtained a decisive victory against the University, with the court annulling the school’s determination, vacating all penalties, dismissing all charges, and ordering the school to expunge all references to the disciplinary action from his academic record.

This decision, rendered by the Appellate Division, Second Department – which encompasses 10 counties in its jurisdiction -- Queens, Brooklyn, Staten Island, Nassau, Suffolk, Westchester, Rockland, Orange, Putnam, and Dutchess – not only profoundly impacted the life and future of our client, but is also published appellate precedent that will influence and shape the course of Title IX litigation throughout the state.

Our client was released from a 10-year prison sentence following a decisive victory by Appellate Litigation Partner Donna Aldea and Associate Attorney Matthew Keller, who convinced a four-judge panel of the New York State Supreme Court’s Appellate Division that our client’s constitutional rights had been violated, thereby securing a unanimous vote from all four judges to overturn his sex abuse conviction.

Among other issues, the appeal successfully argued that the trial judge’s preclusion of a defense rebuttal witness amounted to an unconstitutional deprivation of our client’s right to a fair trial. The unanimous decision from the Appellate Division, Second Department – which encompasses 10 counties in its jurisdiction -- Queens, Brooklyn, Staten Island, Nassau, Suffolk, Westchester, Rockland, Orange, Putnam, and Dutchess – not only had a profound impact on our client and his family, but is also published appellate precedent that will influence future criminal cases throughout the state.

Donna Aldea, who heads the Appellate and Post-Conviction Litigation group at BEKAL, secured a tremendous victory in the Court of Appeals, not only obtaining a reversal of our client’s sexual assault conviction, but also persuading the state’s highest court to examine and redefine the breath of New York’s Rape Shield Law to bring it in line with criminal defendants’ fundamental constitutional rights to present a defense and to due process of law.

Containing a substantial and detailed discussion of the purpose and application of New York’s Rape Shield Law, and significantly redefining its contours, the Court of Appeals’ decision in this case overruled prior appellate case law on this issue from the Appellate Division, Second Department -- which encompasses Queens, Brooklyn, Staten Island, Nassau, Suffolk, Westchester, Rockland, Orange, Putnam, and Dutchess Counties -- underscoring the state-wide significance of this decision and the far-reaching impact it will have on sexual abuse cases in the future.

Led by Alexander Klein, the Commercial Group at BEKAL represents a rising New York restaurateur who seeks damages in connection with the purchase of a restaurant on the Upper East Side of Manhattan. On Thursday, October 12, 2023, BEKAL secured a favorable decision for its client before Justice Louis Nock, who denied a dismissal-motion by the seller-entity on all contested grounds.

While on a micro level the decision concerns the meaning and details of an Asset Sale Agreement, on a macro level the decision reinforces the importance of language and structure in commercial contracts, the protections that can be afforded to corporate purchasers, and the limits to a seller’s ability to use “as is” provisions to harm the rights of buyers.

This litigation remains pending and the parties continue to dispute liability and entitlement to damages. Nevertheless, Justice Nock’s decision reflects an early step in a positive direction for BEKAL’s client.

Our firm was hired by a publicly traded company to defend it against an emergency motion filed in the Delaware Court of Chancery. The public company had gotten sued for a multi-million dollar debt that was allegedly unpaid, and, without immediate action, would suffer the loss of millions of dollars in company ownership. Before Alexander Klein took over their case from a prior attorney, in fact, the new client had already made an offer to settle the case for nearly $3 million, which the plaintiff had rejected.

Upon being hired, Alexander Klein took immediate steps to get admitted in the State of Delaware pro hac vice, reviewed the entire case file, and developed a litigation strategy to not only pull out of settlement negotiations but to attack the legitimacy of the debt altogether. Within days he prepared extensive motion papers on the subject, appeared before the Court of Chancery in Delaware for an extensive oral argument, and achieved an unfettered win. The motion brought against our firm’s client was denied, and based upon the substance of the arguments Klein soon thereafter achieved a stipulation dismissing the action altogether.

This litigation was but one example of the responsiveness, creativity, and tenacity of the firm’s commercial litigation unit, whose successes reach beyond the borders of the State of New York.

When Mr. Parker came to us, he was incarcerated at Nassau County Correctional Facility, where he had just been slashed by a razor-blade across the face by another inmate—requiring more than 200 stitches to stop the flow of blood. He had a criminal record, refused to identify his attackers, and was simply one of many victims of the senseless violence that permeates our state and local jails.

When Alexander Klein took over the civil rights case, he used it as an opportunity to make it about more than just one incident. He used it to target the Nassau County Correctional Facility itself. In the process, he obtained and studied more than a thousand pages of records related to the facility, and he deposed scores of agents inside the facility including guards, corporals, lieutenants, and policymakers. And after several years he built a case that the jail was not just managed poorly, but designed with such obvious recklessness for the safety of prisoners that it represented a violation of the Due Process rights of the incarcerated individuals housed there.

On the doorstep of trial, the County settled with Mr. Parker in a resolution that involved the payment of hundreds of thousands of dollars. Mr. Parker had met Alexander as a voiceless victim of jail, and he parted years later as a champion of change.

Gary was referred to Attorney Steven Epstein because of his reputation for being a highly skilled and experienced DWI/DUI attorney. He was told Steven Epstein was the “DWI Guru.” The case result was important to Gary so he wanted the best DWI defense he could get.

Steve Epstein and his team, including expert witnesses, went to work defending Gary. The prosecutor and the court offered Gary a plea bargain, but Gary believed in his innocence and any plea would have cost Gary his driver's license and his job.

Gary made the correct decision. After defending Gary at his pre-trial suppression hearing the court granted our motion to suppress evidence in his case, including his refusal to take a breath test and the standardized field sobriety tests (SFST).

Steven Epstein was able to establish through his cross-examination that the State Troopers did not do the testing correctly and they violated his right to counsel.

Gary is doing well these days. His driver's license was reinstated and his career was saved.

Our client, John, approached Steven Epstein, furious about a baseless police stop that occurred on a New York City street. The police claimed John's headlights were out late at night, which he vehemently denied. Steven explained to John that if the headlights being off was indeed false, they could suppress all the evidence in the case. John insisted on his innocence, and Steven believed him.

Conducting an immediate investigation in his office, Steven utilized Google Earth, a tool frequently used with clients, to analyze the stop and arrest location. Astonishingly, just one block before the stop, there was a bank—a bank with a street level ATM equipped with video surveillance capturing customer activities. To strengthen their case, Steven subpoenaed the bank's footage from the night of John's arrest, revealing undeniable evidence: the police officer's marked blue and white car, with emergency lights on, following John's car—with his headlights ON!

Making a copy of the recording, Steven submitted it to the District Attorney (DA) and demanded justice. However, a divergence emerged between Steven's view of justice and the DA's perspective. The DA sought a reduced charge plea from John, but Steven vehemently opposed this resolution. He firmly believed that the police should not be allowed to lie without facing repercussions, emphasizing the importance of trust in law enforcement.

As a result of Steven's relentless efforts, John's case was ultimately dismissed—a remarkable victory for justice in this criminal defense and civil rights case. The successful defense not only challenged the false police stop but also upheld the principles of civil rights, ensuring that the police are accountable for their actions.