N.Y. High Court Grants New Trial for Killer Who Inspired Kendra's Law

New York Law Journal through Yahoo Finance ^ | 12/22/05 | John Caher

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New York's Court of Appeals Tuesday overturned the conviction of Andrew Goldstein in the notorious subway station murder of Kendra Webdale, holding that the mentally ill defendant's right to a fair trial was abridged when a psychiatric expert for the prosecution told the jury of hearsay conversations she had had with witnesses who were not subjected to cross examination.

Tuesday's 6-1 ruling was grounded in Crawford v. Washington, 541 US 36, the U.S. Supreme Court's 2004 confrontation clause landmark opinion that generally barred the use of so-called "testimonial" hearsay in criminal cases unless the defendant has an opportunity to question the witness.

It entitles Goldstein, whose crime led to the enactment of "Kendra's Law," which permits compulsory treatment of the mentally ill, to a new trial -- his third -- as prosecutors attempt to bring to a conclusion a 1999 matter that rocked New York City and focused international attention on the legal and societal issues concerning the treatment of the dangerously mentally ill.

"We are well aware of the unwelcome consequences of this result," Judge Robert S. Smith wrote for the court, noting that Goldstein has already been tried twice, that the public has already paid for two prosecutions and that the family of Webdale must once again endure the pain and anguish of a trial.

"But the constitutional rules that guarantee defendants a fair trial must be enforced, and few such rules are more important than the one that guarantees defendants the right to confront the witnesses against them," he wrote.

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Your courts at work.

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In case anyone was wondering, New York's Court of Appeals is the highest court in NY State. The Supreme Courts of New York are merely trial courts.