Tuesday, December 16, 2014

Albany attorney Mark S. Mishler's snow-job

Claimant and Luis were told that they had to leave the suite and accompany the UPD. She was not informed that she was arrested at this time. According to claimant, it was cold and snowy outside. She was dressed in a T-shirt, basketball shorts, socks and Adidas sandals. She did not have an overcoat with her.Claimant testified that when she and Luis were taken out of Eastman Tower, they were arrested and read their Miranda rights. [...] She testified that she was crying, confused, scared and angry. They discharged her at 1:00 a.m. and she walked to a friend's dormitory. On cross-examination, she testified that she asked for a ride to her dormitory but the request was denied.

Abdul-Wahhab v. The State of New York, # 2012-032-004, Claim No. 116205

http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html

Regarding the blizzard the night of that incident that wasn't mentioned in the above case, leaving the young woman's allegation unsupported that it was in fact cold and snowy when the officers took her outside in her shorts, a t-shirt, and sandals sometime after 11 PM and then refused her a ride home around 1 AM:

Ilnytzky, Ula. "Storm slows travel across state." Albany Times Union. December 14, 2007: A3. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6433727

"The storm that dumped up to 8 inches of snow on the Capital Region before blowing through at around 8:30 p.m."

Stanforth, Lauren. "More winter on the way Meteorologists say season's first snowstorm will be trumped by one expected to arrive this weekend." Albany Times Union. December 14, 2007: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6433747

Even other police weren't going out in that snow, nor were they making the public do so:

Huber, Mark. "Snow shoots down safety mission." Albany Times Union. December 14, 2007. http://blog.timesunion.com/localpolitics/919/snow-shoots-down-safety-session/

None of those were hard to find. I expect there's even local TV news footage of the blizzard that could be located; there's amateur footage of it on YouTube:

The student's lawyer, Mark Mishler, had previously lost at least two other cases for young female UAlbany students against the UAlbany Police. Mark Mishler was previously employed at UAlbany and had donated his personal papers to UAlbany. By the time of the decision in Abdul-Wahhab v. The State of New York he'd obtained further evidence of malfeasance by people involved in the case that he did not use, and had the means to obtain more such evidence that he did not pursue.

According to claimant, it was cold and snowy outside.

It is a very poor lawyer that does not substantiate his client's claims before the court, particularly when they are so easy to substantiate.

Williams v. The State of New York, #2007-041-502, Claim No. 111843 http://vertumnus.courts.state.ny.us/claims/html/2007-041-502.html

In the above case, involving a student who'd fractured her ankle in a UAlbany parking lot, there was testimony by the UAlbany grounds manager, UAlbany Police, Emergency Medical Technicians, a meteorologist, unnamed witnesses, and specific details provided about the temperature, snowfall, and snow removal on campus. Did it really not occur to Mishler to call any witnesses or present any evidence with respect to it being "cold and snowy"? It doesn't seem that Mishler even questioned the UAlbany Police about it, questions like "WTF were you thinking taking a female student outside in her shorts after a major blizzard?" and "WTF were you thinking refusing a female student a ride home at 1AM after a major blizzard?"

No comments:

Post a Comment