People v. Lee

• Court: United States State Supreme Court (New York)
• Writing for the Court: ALAN L. HONOROF
• Citation: 178 Misc.2d 24,677 N.Y.S.2d 740
• Decision Date: 19 August 1998
• Parties: , 1998 N.Y. Slip Op. 98,489 The PEOPLE of the State of New York, Plaintiff, v. Shonnard LEE, Defendant.

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677 N.Y.S.2d 740 178 Misc.2d 24, 1998 N.Y. Slip Op. 98,489 The PEOPLE of the State of New York, Plaintiff,
v.
Shonnard LEE, Defendant. Supreme Court, Nassau County. Aug. 19, 1998.

Dennis Lemke, Mineola, for defendant.

Denis E. Dillon, District Attorney of Nassau County, Mineola (Daniel Looney, of counsel), for plaintiff.

ALAN L. HONOROF, Justice.

Defendant's motion to dismiss said accusatory instrument is determined as hereinafter provided.

At the outset, the chronology of certain pertinent events is uncontested. On February 21, 1997, Sammy Jones died of injuries he sustained in a confrontation on February 10, 1997, during which one of the other people involved allegedly struck him in the head with a baseball bat. The medical examiner determined that the victim died of blunt force head trauma, which could have been caused by a bat.

On February 27, 1997, Ragan Martin was arrested by the Freeport Police for Criminal Sale of a Controlled Substance in the Third Degree, and stated that he had information regarding Jones' death. When interviewed on that same date by veteran Nassau County Homicide Detective Robert Dempsey, who took notes thereof (People's Exhibit 6), Martin said, in relevant part, that at the time and place in question, he saw three males surround Jones. He described two of those individuals as wearing dark clothing; one of them had dreadlocks and no hat or cap. Martin stated that the third male was wearing a beige/tan three-quarter length leather coat and a knitted ski-type cap with a short brim.

Martin told Detective Dempsey that he recognized that third person as one he knew by the names of "Sha" and "Corey." He said that he had known Sha for approximately six-eight months; he had purchased crack more than twelve times from Sha, who lived in a big, white house on Leonard Avenue in Freeport. Martin told the detective that he saw the three males jump on Jones. He also stated that he saw Sha swinging a bat at Jones' head and the other two "stomping" Jones when he fell down.

Martin specifically told Detective Dempsey that he saw Sha strike Jones in the head with the bat at least five or six times. He further stated that after he saw the three run across the street and lost sight of them, he heard car doors slam and a car start up with a loud muffler or motor. He heard the tires screech, but the car did not come towards him.

Among the other things he told Detective Dempsey on February 27, 1997, Martin said that he subsequently saw Sha driving his medium blue Camaro, and that the other two "guys" were still with him, in the car, as it

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sped passed him, even though he had yelled "Yo!" to them. Martin also stated that when he went to Sha's house to "cop some crack" about three days before meeting with Detective Dempsey, he asked Sha why he hadn't stopped for him that night, and Sha told him, "I had just done something, and it was some fucked up shit, and I had to get out of there!" Finally, Martin added that approximately two years earlier, Sha told him, "If a nigger gives me a hard time, I'll bat the nigger out."

Later on February 27, 1997, into the morning of February 28, 1997, a polygraph exam was administered by the Nassau Police to Martin "in order to validate his assertion" of what he had witnessed. The resulting opinion was that Martin was apparently telling the truth; no significant deception was noted, only one response, which was seemingly cleared up when the victim was referred to in the examiner's question as "Sammy" instead of by his street name, "Justice." (See Defendant's Exhibit A.)

Thereafter, on February 28, 1997, Martin's account of what he had observed was reduced to a signed, written statement. In that statement, which was witnessed by Detective Dempsey and another detective, Martin reiterated that it was "Sha," who he also knew as "Corey" and "Shamel," who had repeatedly hit Jones in the head with a bat and who, days later, said that he hadn't stopped for Martin that night because he "did some fucked up shit and ... had to get out of there."

Also on February 28, 1997, Detective Dempsey showed Ragan Martin six photographs, including one of the defendant, Shonnard Lee. Martin positively identified the photograph of Corey Jones as "Sha," also known as "Shamel" or "Corey," and signed a statement attesting to that identification (Defendant's Exhibit C). In addition, Martin did a "drive-by" identification of Jones' home and blue Camaro.

On April 11, 1997, Ragan Martin participated in a videotaped interview with an assistant district attorney (Defendant's Exhibit D). Again, in sum and substance, Martin identified Corey Jones as the person who had attacked "Sammy" with a bat, although the prosecutor proceeded to raise questions regarding the witness's credibility.

At this point, it should be noted that throughout the investigation, which commenced upon the discovery of Sammy, Detective Dempsey interviewed numerous witnesses, some of whom implicated and/or provided a motive for the defendant, Shonnard Lee, his brother, Silas Lee, and others in Jones' death.

On June 13, 1997, Detective Dempsey arrested Tejuan Crum for Jones' death, on the basis of information supplied by Jermell Lawson that Crum had told Lawson that the defendant, Shonnard Lee, had hit the victim with a stick and Crum had kicked him when he fell down. Crum, however, furnished an alibi, which was verified. He also incriminated the defendant, Shonnard Lee, who had told him that he was "going to fuck...