Another Kindlon Appeal

There was another appeal by Kindon yesterday in front of NY’s highest appellate court. Kindlon, once again, argued that Joan’s head nod should not have been allowed into evidence because she no longer has a memory of nodding her head to Det. Bowdish’s question: Did Christopher do this to you? He would like the Court to make a new rule….”If a person gives evidence in a case and then later can’t remember having given that testimony (evidence) whether it’s because too much time has passed and people forget what they have said….or because they have been seriously injured and that injury causes a loss of memory, then whatever statements or evidence they once gave should be “vaporized” and never be mentioned again…even if there were witnesses who still do remember what the person said or did.” So, if you witness a crime and you tell a policeman you knew and saw the criminal and named him in front of others….a year later you can say you don’t remember what you said and that criminal goes free….even if the witnesses to your statement still do remember what you said. If this Court agrees with that thinking, then there will be a lot of forgetful witnesses as criminals make sure they won’t remember…either by killing all witnesses…or physically threatening any witnesses who gave statements to police into “forgetting.” Any wonder why crime increases as defense lawyers and their clients seek more and more protection through amendments to existing laws made to protect the innocent….While victims have less and less through their own choice or the misinterpretation of laws meant to protect the both the victim and the criminal equally?
We can only hope that these judges will not slide down the path Kindlon has greased for them. And, why, for the sake of Justice is John Polster still involved in defending the rights of both Joan Porco, the victim, and Christopher Porco the assailant while he failed to pay licensing fees for years to practice before NYS Courts. He is a criminal defending a criminal while representing the victim which is an unpunished travesty of justice!