Judges find prosecutor misconduct in Ontario County (DA: Michael Tantillo)
Posted in the Canandaigua Forum
#1 May 1, 2009
The Ontario County District Attorney's Office has come under fire from the state Appellate Court, which overturned the burglary and grand larceny conviction of a Canandaigua man.
In a unanimous ruling, a five-judge appellate ruled that Kevin R. Morrice, 23, should be given a new trial because he "was deprived of a fair trial based on prosecutorial misconduct during the trial."
Morrice, 23, was found guilty of second-degree burglary and third-degree grand larceny in November 2007.
Ontario County District Attorney Michael Tantillo did not respond to requests for comment.
In citing the misconduct, the judge said:
# The prosecutor asked the main witness whether she was "getting anything" for cooperating and she responded "not at all." As it turned out, she was an accomplice and had received immunity from prosecution. The prosecutor had an obligation to correct the misstatement but did not.
# During the questioning of a police detective, the prosecutor asked about the defendant's request for a lawyer, even though it's a well-established principle that the prosecution should not pursue this line of questioning. The prosecutor also was faulted for questioning the defendant about his discussion of the case with his lawyer during a recess.
# In cross-examination, the prosecutor asked a defense witness whether she had ever been arrested. After the witness responded that she had never been convicted of a crime, the prosecutor said, "Did you hear my question?" The judges pointed to a case that says impeachment of a witness based on prior arrests "is clearly improper."
Fault was further found with the prosecutor for asking the witness whether her boyfriend was currently incarcerated.
Source: Rochester Democrat & Chronicle
James Goodman • Staff writer • April 30, 2009
#2 May 2, 2009
R. Michael Tantillo is nothing more than a criminal himself.
#3 Nov 23, 2013
I was just made to plea guilty to feloney dui for taking perscription drugs as prescribed . Where can I find a lawyer?
#4 Nov 23, 2013
It was a felony because my six-year-old son was in the car!! I did nothing wrong. Never was read my rights they took urine without consent showed videos of me without consent please help
Since: Oct 13
#5 Dec 2, 2013
You should never have pled guilty. Now you can't appeal it. You should have taken it to trial and if you were found guilty you could appeal and they would investigate. They get away w this corruption because no one fights back. But karma will get them.
#6 Jan 13, 2014
Annie.....Taking perscription drugs as prescribed ? It's still not a reason to be driving with your child in the car. You can mis-use perscription drugs as well as acochol. If they took a piss test ? And your clean ? What's the problem ? Sound's like you were high ! Better stick to getting cash $$ from your johns insted of drugs.
#7 Sep 16, 2014
Sending the Track ACCIDENT to Grand jury. Seriously? 1)The dude exited his car. 2) He was wearing black and charged towards the oncoming car and 3) if it weren't "Tony Stewart", we wouldn't be hearing of it anymore and the "case" would had been ruled an accident. BS This way the Ontario County DA Michael Tantillo doesn't have to make any decision and will be voted in another term. Spineless!
#8 Sep 16, 2014
This is only happening because of Tony Stewart being a high profile person. It is totally wrong to use people in this way. Kevin got out of his car[ his family is going thru enough, Kevin was a racer that got mad when he got out of his car] you people are just wanting to make a big name for yourself, I hope you get kicked out of office. They didn't take Marlin to court for Dale Earnhardt getting killed, it is just racing. You all are crazy to put Kevin Ward Jr family and Tony Stewart family thru this. THIS IS SO WRONG. I HOPE YOU GET VOTED OUT BECAUSE YOUR TO CHICKEN TO RULE ON THIS.
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