Barclay Damon
Barclay Damon

Appeal Successfully Makes the Case That Defendant Was Denied Fair Trial

An asbestos air monitoring company, and several of its employees, faced federal criminal charges arising out of its asbestos air monitoring and laboratory analysis services. Following a four-week jury trial in Utica, New York, the company, along with several employees, were convicted of conspiracy to violate the Clean Air Act and several counts of mail and wire fraud, among other charges.

Our attorneys appealed the verdict, arguing that exculpatory evidence was kept from the jury and that prosecutors repeatedly engaged in misconduct throughout the trial.

Nearly a year after oral argument, the Second Circuit issued an 80-page decision, vacating the conviction of our client and two of the individual defendants. The Court agreed with our attorneys and held that the exclusion of certain evidence and prosecutorial misconduct denied our client a fair trial.


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