An attorney’s belated assertion that a death threat hindered his defense of a murder suspect 22 years ago “was embellished and tailored” and cannot support his client’s ineffective assistance claim, nor is it sufficient to topple the conviction, a judge in Queens has held.
Supreme Court Justice Stephen Knopf (See Profile) said the testimony of Thomas Ognibene—who was a criminal defense attorney, real estate lawyer and city councilman while defending a 16-year-old murder defendant in 1992—was simply not credible.
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