INJUSTICE ON APPEAL
1994
Westchester County DA, Jeanine Pirro, AKA “Judge Jeanine” on daytime television, took office before the first appeal, which was denied by The Appellate Division based on “overwhelming” evidence. The Appellate Division also denied a re-argument motion, and The Court of Appeals declined permission to appeal to them. He lost all three appeals despite DNA evidence and the violation of his Fifth Amendment rights.
1997
DA Pirro’s office agrees to exonerate Terry Chalmers by DNA, who served 7 years for rape. She emphasized the reliability of DNA, leading Mr. Deskovic to write to her office because his case was similar to that of Terry Chalmers. He requested she order further DNA testing and a prison interview so he could explain what happened in the interrogation room. His request was denied.
1997
A clerk told Mr. Deskovic’s attorney the date by which to submit his habeas corpus petition and that postmarking by that date would be sufficient. Sadly, the information was incorrect. As such, DA Pirro’s office successfully argued that the federal court dismiss the matter based on the late filing alone.
