Richard Mischel argued before the Appellate Division, Second Department, that Assistant District Attorney Janet Albertson of Suffolk County, who was the lead prosecutor in the high-profile trial People v. Pelosi, 746/04, prejudiced the jury against Pelosi during cross-examination by painting a picture of him as a womanizer and a sadist who was prone to fits of rage.

Mischel also contended that Albertson asked Pelosi irrelevant questions during the cross-examination related to threats of violence he made against Albertson's children. Mischel said in his appellate brief that Albertson became an “unsworn witness” who involved herself personally in the case.