Brooklyn District Attorney Charles Hynes, who is taking a second shot at re-election after getting trounced in the Democratic primary, is seeking a postponement of his deposition in a $150 million lawsuit filed by a man who claims he was framed by prosecutors for a murder he didn’t commit.
Hynes was scheduled to be grilled Oct. 22 by the lawyer for plaintiff Jabbar Collins, who was released from prison after spending more than 15 years behind bars forthe 1994 shooting death of Rabbi Abraham Pollack.
But earlier this week,city lawyers notified Collins’ lawyer, Joel Rudin,of their intention to produce Hynes and prosecutor Michael Vecchione, who is accused of framing Collins, sometime in November, according to court papers.
For Vecchione it will be a second round of questioning under oath. In his first deposition last summer Vecchione “could not recall” the answer to more than 320 questions.
Hynes, a six-term incumbent, revealed Thursday that, in a desperate bid to keep his job, he has chosen torun on the Republican and Conservative lines in the Nov. 5 election against Democratic primary winner Kenneth Thompson.
In explaining the reason why a postponement was being sought, Arthur Larkin, senior counsel for the city Law Department, said Rudin”decided not to take any depositions in August mainly to accommodate his vacation schedule.”
Larkin added: “Furthermore, (Rudin) is required by court order to provide the city with notice regarding the cases and former assistants he intends to question the DA about. He has not provided the required information.
“At this time, therefore, an adjournment is necessary and appropriate.”
Rudin disagreed with that argument. “My one week vacation in August had nothing to do with their months of delay producing information and documents necessary for Hynes’ depositions and their refusal now to produce Vecchione until after the election.”
Among the questions Hynes will be asked is why he has only disciplined two assistant district attorneys for prosecutorial misconduct in his 23 yearsat the helm of the Brooklyn District Attorney’s office.
Collins’ suit cites at least 50 criminal cases in Brooklyn in which convictions have been reversed by appellate courts due to misconduct by the prosecutor.
Vecchione’s handling of the Collins case has been strongly criticized by two federal judges, yet he was never disciplined and holds a prestigious position as chief of the rackets division.
In Collins’ murder case, Vecchione allegedly threatened a witness over the head with a coffee table, and used illegal tactics to pressure him to stand by his previous testimony, according to the suit. Vecchione is also accused of fabricating evidence that Collins and his family threatened another witness.
Asked if he thought Hynes was trying to avoid bad press before the election, Rudin said: “You can draw your own conclusion.”
