Judge Rosemary Pooler of the U.S. Court of Appeals for the Second Circuit. Photo: Rick Kopstein
The U.S. Court of Appeals for the Second Circuit on Monday again ruled that a federal criminal prosecution in the Western District of New York failed to uphold a defendant’s speedy trial rights.
The panel majority of Circuit Judges Jon Newman and Rosemary Pooler affirmed U.S. District Judge William Skretny’s decision to dismiss on Sixth Amendment grounds an indictment against defendants Rodshaun Black, Daniel Rodriguez and Ernest Green, a trio that waited 68 months for trial. Two years of that time were spent waiting for federal authorities to decide if they would seek the death penalty.
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