We condemn the heavy-handed, intemperate and unprofessional remarks made by Nassau County District Attorney Kathleen Rice about Acting Justice George Peck in reference to his ruling in People v. Draper, Ind. No. 894N-11, dismissing the indictment because of prosecutorial misconduct before the grand jury. (“Nassau Prosecutors Ask Judge to Revisit Allegations in Opinion,” NYLJ, Sept. 2)
Ms. Rice in a statement contended, “If Judge Peck examined [sic] the record closely and allowed prosecutors a fair hearing, he would know that these outstanding ADAs did nothing wrong. Instead, he admittedly based his conclusions on assumptions and speculation, with reckless disregard for the facts. We have moved to reargue to ensure that Judge Peck appreciates the law.”
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