Brooklyn Conviction Review Unit discussed at KCCBA seminar

December 27, 2024 Robert Abruzzese, Courthouse Editor

Pictured from left: Celia Gordon, Darran Winslow and Charles Linehan at the Kings County Criminal Bar Association’s CLE seminar on the Brooklyn Conviction Review Unit. Eagle photo by Robert Abruzzese

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The Kings County Criminal Bar Association held its final CLE seminar of the year on Dec. 5, focusing on the work of the Brooklyn District Attorney’s Conviction Review Unit (CRU). The seminar, hosted at the Brooklyn Bar Association, was titled “Inside the Brooklyn Conviction Review Unit” and presented by Charles Linehan, the unit’s chief, and Celia Gordon, a senior assistant district attorney.

Linehan, a former Manhattan prosecutor and private investigator, has led the CRU since January 2022. He discussed the unit’s critical mission of addressing wrongful convictions in Kings County. Gordon, who joined the unit earlier this year, brought her extensive experience in criminal defense and legal academia to the conversation. Together, they provided insights into the unit’s operations, including its annual review of 50-70 cases and its estimated 10% exoneration rate.

Michael Farkas (left) and Paul Hirsch catching up during the KCCBA seminar, held at the Brooklyn Bar Association.
Eagle photo by Robert Abruzzese

The CRU has been pivotal in revisiting decades-old cases, traveling nationwide to investigate claims of innocence. Both presenters credited Justice Matthew D’Emic, administrative judge of the Kings County Supreme Court, for his role in facilitating the process. They noted that Justice D’Emic’s practice of allowing the exonerated to address the court and treating them with respect sets Brooklyn apart from other jurisdictions.

“It can be emotional. Afterwards, people sometimes laugh and cry,” Linehan said, reflecting on the impact of exonerations.

Darran Winslow and his wife Alexa Danner at the seminar. Danner is often behind the scenes running the KCCBA’s events.
Eagle photo by Robert Abruzzese

The presenters emphasized the importance of integrity in the process, explaining that applicants often complicate reviews by misrepresenting their backgrounds. They highlighted a recent case as an example of the CRU’s work. The conviction of Arvel Marshall, incarcerated since 2008, was vacated due to suppressed evidence and failures in both the defense and police investigation.

In the Marshall case, the Conviction Review Unit identified several major errors that led to the wrongful conviction. Marshall was accused of a 2008 murder based on eyewitness testimony and alleged motive, but the CRU uncovered critical evidence that had been suppressed during the trial. Surveillance footage, which showed the actual shooter fleeing the scene with another individual, was never provided to the defense.

Celia Gordon discussing her role in the Brooklyn DA’s Conviction Review Unit and the process of investigating wrongful convictions.
Eagle photo by Robert Abruzzese

The failure to disclose this evidence violated Marshall’s due process rights and could have significantly impacted the jury’s decision. The CRU also found that the defense counsel had failed to advocate effectively for Marshall, including not pushing to review the surveillance footage or fully investigating alternative suspects.

The CRU’s investigation also revealed procedural and judicial failures. The court repeatedly dismissed Marshall’s protests about the withheld evidence and undermined his credibility in front of the jury. Additionally, the police investigation was incomplete, with officers failing to watch all of the surveillance footage or pursue leads that could have identified the actual shooter.

Charles Linehan, chief of the Brooklyn DA’s Conviction Review Unit, explaining the challenges of addressing decades-old cases.
Eagle photo by Robert Abruzzese

Based on these findings, the CRU recommended vacating Marshall’s conviction, as the combination of suppressed evidence, inadequate defense, and judicial bias deprived him of a fair trial. The indictment was ultimately dismissed.

The CRU’s broader analysis revealed systemic issues that contribute to wrongful convictions. Among 20 cases reviewed, 85% involved prosecutorial misconduct, such as exaggerating evidence or failing to disclose exculpatory material, and 65% revealed problematic police conduct, including coaching witnesses or withholding evidence. Defense errors also played a role in 40% of the cases, with attorneys failing to investigate thoroughly or present crucial evidence.

The seminar also marked the end of an era for the KCCBA. President Darran Winslow announced that this would be his final meeting as the association’s leader. He introduced Michael Sheinberg, a Court Street attorney with over 30 years of experience and a Touro Law graduate, as his successor.