I read in the New York Times that Eli Cherkasky, an assistant district attorney in the Manhattan DA public corruption unit, was adjudged guilty of third-degree assault, criminal obstruction of breathing and second-degree harassment, all misdemeanors. He had a fight with a woman during a drunken argument at a bar on Halloween night in 2014. He waived his right to a jury trial.
Every day we face a hard challenge against a well-funded prosecution aided by federal agencies, state and local police departments, crime labs and other publicly funded agencies too many to mention. Add to that the public’s general support of prosecutors and the erosion of presumption of innocence, it is surprising we can win any case, no matter how innocent the defendant.