I hope EphBlog readers remember¬†Lee Kindlon ’98, a U.S. Marine who served in Fallujah and is now in legal practice in New York’s capital region. In a high-profile murder case in Albany County Court, Kindlon has been defending Rashad Nicholson, a 19 year-old accused of participating in a Christmas Eve 2007 murder just blocks from the State Capitol, and last week, his client walked away a free man.

Two weeks ago, just before Halloween, the judge ruled that prosecutors had failed to disclose a key piece of exculpatory evidence (i.e. evidence that could cast doubt on the defendant’s guilt). Specifically, the victim’s roommate had identified another man of a different race as the killer — just four days after the murder and nearly two years before Nicholson and his co-defendant were charged.

The judge nevertheless decided that the trial would go forward as scheduled last Monday. Following a day of argument and in-chambers conferences, however, Nicholson’s co-defendant, 32 year-old Marcus Roberts, pled guilty to first-degree manslaughter. But charges were dismissed against Nicholson, who had been charged with 2nd-degree murder.

For more background on Kindlon, see his “five questions” interview from March, 2010 and this Sports Information feature from October, 2008.

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