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Resume and Recent Trials

EDUCATION 
SUFFOLK UNIVERSITY LAW SCHOOL BOSTON, MA
Juris Doctor, 1987
Moot Court Board Trial Competition
Appellate Advocacy Clark Competition
SU Clinica

  • Represented Hispanic clients in Chelsea, MA

MIDDLEBURY COLLEGE MIDDLEBURY, VT
B.A. Political Science, May 1983
Honors, Deans List
Fall Term Junior Year in Madrid, Spain
Winter Term Senior Year Independent Project in Paris, France

  • An analysis of French newspapers

CHRISTIAN BROTHERS ACADEMY LINCROFT, NJ
June 1979
National Honor Society

LICENSES

  • The State Bars of New York, New Jersey and Florida
  • The Southern and Eastern Federal Districts of New York
  • The Federal District of New Jersey


EMPLOYMENT HISTORY

LAW OFFICES OF JAVIER DAMIEN NEW YORK, NY
Private practice since 1991

  • Criminal Defense in the State and Federal Courts in New York and New Jersey
  • Extensive Trial experience in all Criminal and Supreme Courts in New York and New Jersey
  • All areas of expertise: direct and cross-examination, case preparation and investigation, negotiation
  • Conducted hundreds of pre-trial hearings
  • Represented clients at line-ups, criminal investigations and interviews with law enforcement personnel
  • Represented witnesses, both defendants and non-defendants, before the Grand Jury numerous times

9/87 5/90
THE LEGAL AID SOCIETY NEW YORK, NY
CRIMINAL DEFENSE DIVISION
Staff Attorney

  • Responsibilities included a full independent caseload, investigations, extensive motion
  • Practice, and Criminal and Supreme Court pre-trial hearings. Conducted bench and jury trials through verdict and sentencing. Argued novel speedy trial issue in People v. Rivera. Opinion published in the New York Law Journal.

SUMMER 1986
MASSACHUSETTS PUBLIC DEFENDERS OFFICE
ROXBURY UNIT BOSTON, MA
Legal Assistant

  • Assisted attorneys in the immigration law field by filing motions with
  • Suffolk Superior Court and recording legal documents with the Immigration and Naturalization Service.

SUMMER 1985 
EVANS, KOELZER, OSBORNE AND KREIZMAN RED BANK, NJ 

  • Conducted legal research and writing in the areas of Negligence, Insurance and Probate.

SUMMERS 1985 & 1984
MONMOUTH PARK RACETRACK OCEANPORT, NJ
Interpreter/Translator Spanish/English for Thoroughbred Racing Protective Bureau

  • Interpreted criminal investigation interviews between Monmouth Park officials and Hispanic job applicants.
  • Translated State Licensing Board legal documents for individuals concerning pending or past criminal charges.

MEDIA EXPERIENCE
Court TV Legal Analyst 

  • Numerous appearances analyzing highly publicized criminal cases

Fox TV Legal Analyst 

  • Analysis on nationally renowned cases
  • Fluent in Spanish
  • Working knowledge of French
  • Public speaking experiences in both languages

INTERESTS

  • Marathon running, snow-skiing, theatre, movies and travel.

PERSONAL 

  • Place of birth: Cuba
  • Naturalized United States citizen
  • Marital Status: Married


FEDERAL COURT TRIAL EXPERIENCE

In April and May of 2004 I conducted a six (6) week Federal Criminal Trial in White Plains, New York.In United States of America v. Barbara Kotsonis, my client was charged with in an indictment encompassing conspiracy to commit mail fraud, mail fraud, bribery, and tax fraud counts.

The Government’s theory was that all three defendants conspired to engage in a scheme to defraud the public of the New York State Labor Commissioner’s honest services by sending payments to the commissioner.

The labor commissioner allegedly funneled and directed grant money to a co-defendant’s companies. Ms. Kotsonis was the New York Regional Manager for National Traffic and Safety Institute(NTSI).

A total of forty-five (45) witnesses testified for the government and a not guilty verdict on all counts against Ms. Kotsonis was rendered on May 28, 2004.

RECENT NEW YORK SUPREME COURT TRIALS

The People of the State of New York v. Jose de la Cruz 
May 2003, before the Honorable Marcy Kahn
Defendant was indicted on two (2) A Felony drug sales; one count was an A-1 felony, and the second count was an A-II felony. Despite videotape evidence attesting to several suspects, including Mr. De la Cruz, engaging in alleged drug sales on two (2) separate dates, defendant was insistent on exercising his right to a trial. Pursuant to former Governor Rockefellers drug laws, defendant De la Cruz was facing a minimum of 15 years to life in prison upon conviction.

The People of the State of New York v. Rynell Henderson 
April 2003, before the Honorable Richard Carruthers
Mr. Henderson was indicted on two (2) counts of selling narcotics to an undercover police officer. The case proceeded to trial although serious issues were raised regarding defendants mental competency pursuant to New York Criminal Procedure Law section 730.

The People of the State of New York v. Bobby Graham
March 2003, before the Honorable Charles Tejada
Pursuant to a police car stop, defendant Graham was charged and indicted on one count of A-II felony drug possession and felony gun possession. The central issues at the pre-trial hearings focused on the legality of the stop and search. The key issue at the trial focused on the reliability, credibility, and believability of the officers testimony.

The People of the State of New York v. Almanzar Paulino
February 2003, before the Honorable Charles Tejada
Mr. Paulino was arrested and indicted for felony drug possession and felony possession with the intent to sell. Police Officers involved in this arrest claimed that pursuant to observations they made from a rooftop surveillance post, Mr. Almanzar was involved in conduct that was consistent with selling drugs. Significant issues were raised at trial regarding the following subject areas: corroboration of observation testimony, fingerprint and/or lack of fingerprint evidence, and the lack of Mr. De la Cruz¿ physical (as opposed to constructive) possession of any drugs.

The People of the State of New York v. Joseph Tucker
January 2003, before the Honorable Michael Obus
Defendant Tucker was arrested and indicted on two separate counts of Attempted Robbery. The People contend that Mr. Tucker was acting in concert with a female friend, who demanded five (5) dollars from the alleged victim and subsequently struck the victim in the head. The main issues at trial focused on the weak theory of acting in concert, the defendants intent, and statements allegedly made by Mr. Tucker.

The People of the State of New York v. Michael Gittens
2001, before the Honorable James Yates
Defendant Gittens was arrested and indicted on a felony assault charge and a second felony of criminal possession of stolen property after a high speed chase through the streets of Manhattan. The police allege that Mr. Gittens was driving a stolen vehicle, who attempted to evade the police by refusing to heed an order to stop. The chase resulted in the stolen vehicle crashing into police squad car, causing injuries to a police officer. The central trial issues focused on identification of the driver and on whether Gittens had knowledge that the vehicle was, in fact, stolen.