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The Kindlon Law Firm in the News

October 21, 2016:   Albany Times Union: Student Found Not Guilty of Sexual Assault.  A former University at Albany student accused of sexually assaulting an unconscious student was found not guilty by a jury Friday after it was revealed the main witness was unreliable.  D efense attorney Lee Kindlon  said that his client was acquitted after one of the main eyewitnesses was revealed during the trial to be unreliable. During cross-examination, it was revealed that door access and swipe card records showed that she was not where she claimed to be leading up to and during the event in question.


June 13, 2016: New York TimesA Challenge to New York’s Broken Parole Board. This is the second time a state court has held the board in contempt for refusing to follow the law. If the Court of Appeals uphold these rulings, it could help force the board to use parole as intended: not to minimize the seriousness of a crime, but to acknowledge that the person who committed it can change and deserves a chance to rejoin society. Under the New York Parole Board’s kneejerk approach, this is far too often an empty promise.


April 26, 2016: Albany Times UnionJuror Sympathy Draws out Open-Shut Albany Murder Verdict. The trial underscored a reality of the criminal justice system: nothing is ever really open and shut. Kindlon's defense was working for a few jurors. Kindlon acknowledged Weaver was the shooter, but argued his client committed the act because he was under duress and was coerced into the shooting by a gang-affiliated cohort. It worked well enough to keep the jury out two days on what was considered one of the strongest murder cases in Albany in recent memory.

December 2, 2015: Albany Times UnionFingerprint Test Can Reveal Person's Sex. Can a fingerprint reveal a person's sex? A forensic scientist at the University at Albany says he has made a test to determine with 99 percent accuracy if a fingerprint belongs to a man or woman. Lee Kindlon, an Albany criminal defense lawyer, said, "there's a lot of questions I think that still need to be answered and tested in the real world. I am skeptical when people talk about fingerprints at a crime scene. Real crime scenes are dirty and messy and covered in blood and snot and the fingerprints of 10 people. Fingerprint science is really a lot of voodoo to begin with."

July 2, 2015: Albany Times UnionNo Prison Time for $60K Jewelry Heist. "Judge, I'm stunned!" Lee Kindlon said. "When the rubber meets the road, each and every time, they stomp their feet and waive their arms in the air and demand more prison, more prison, when it's abundantly clear now we know in the middle of 2015 that prison is just about the last place on Earth that you can rehabilitate someone. If they're actually going to be ones who step forward in the state of New York and say they are for progressive reform of the criminal justice system, that can't just be a campaign slogan."

May 21, 2015: Albany Times UnionTwo Troy Cops Face Punitive Damages. A U.S. District Court jury found Thursday that two Troy police officers violated a man's civil rights when they used excessive force to arrest him in 2011 at a hospital emergency room. Officers Justin Ashe and Dominick Comitale will face punitive damages in a June 1 hearing as a result of the jury's findings in the federal civil rights lawsuit filed by Kindlon Shanks & Associates on behalf of John M. Larkins.

May 18, 2015: Albany Times UnionTrial starts in Troy excessive force case. A civil rights lawsuit over whether three Troy police officers used excessive force and falsely arrested a man in 2011 goes to trial Monday in U.S. District Court in Utica. Claiming his rights were violated, John Larkins, represented by Gennaro Calabrese of Kindlon Shanks & Associates, sued the city and officers Justin Ashe, Dominick Comitale and Martin Furciniti over his arrest Aug. 27, 2011, at St. Mary’s Hospital. 

February 17, 2015: Albany Times UnionTop Court KOs Local Residency Laws. The state's highest court ruled on Tuesday that state law restricting the residency of registered sex offenders supersedes local and county laws. The Court of Appeals struck down the law in Nassau County. At least 117 other municipalities across New York — including Albany, Rensselaer and Schenectady counties — had passed similar laws designed keep offenders certain distances from schools, parks, playgrounds, day care centers and other places where children are likely to be. The court's 5-0 decision was a victory for Albany attorney Kathy Manley of Kindlon Shanks & Associates, who made her case on behalf of Michael Diack, a Level 1, or lowest-risk, sex offender who was charged with a violating a 2006 residency restriction law in Nassau County when he did not relocate from within 1,000 feet of a school in 2010.

January 15, 2015: Albany Times UnionKindlon: Judge's omission critical. An Albany-based attorney asked the state's top court Wednesday to overturn his client's conviction for attempted burglary because of a judge's omission. "When a defendant steps to the bar to take a guilty plea, such a dramatic decision should be made with as much knowledge as possible," Kindlon told the Court of Appeals. 

January 6, 2015: Albany Times UnionWhere Should Sex Offenders Live? A local attorney told the state's top court Monday that a county law restricting the residency of convicted sex offenders within 1,000 feet of schools should be superseded by state law and not be enforced. "It's counter to what the state's goals are," Kathy Manley, a lawyer based in Albany, said to a five-judge panel at the Court of Appeals. 

October 18, 2014:  Albany Times Union:  ‘It’s Disappointing’ to See War Gains Undone.  Albany attorney Lee Kindlon paused to consider the lives of Iraqis who, nine years ago, came to call him the Judge of Fallujah.  As a Marine Corps battalion judge advocate, Kindlon, of Delmar, gave legal advice to commanders, assessed battle damage and approved payments to Iraqi war victims. Now a 38-year-old attorney, Kindlon recently choked up in his law office in downtown Albany while wondering if an Iraqi girl he met in Fallujah was living under the control of the Islamic State, a group of extremists that have conquered large areas of Syria and Iraq, including Fallujah.

October 14, 2014:  Albany Times Union:  Tasered Football Player Sues Troy Police Officer Who Drew Focus of FBI. A Virginia man, now represented by Kindlon Shanks & Associates, who played football for Hudson Valley Community College claims Troy police officers roughed him up and unnecessarily used a stun gun to subdue him a year ago when he was arrested for jaywalking on a downtown street.  He outlined his allegations in a federal civil rights lawsuit filed Tuesday in U.S. District Court against the city of Troy and several police officers.

October 13, 2014:  Troy Record:  Trial Set for Man Suspected in Deaths of Mother, Father.  The trial of a man charged with beating his mother and stepfather to death in Schaghticoke on July 4, 2013, is set to begin Oct. 27 in Rensselaer County Court.  Defense attorney Terence Kindlon said he will present a defense of not guilty by reason of mental disease or defect in the case of Anthony Repp, who is charged with one count of first-degree murder and two counts of second-degree murder.

October 13, 2014:  Albany Times Union:  Inmate Claims Police Brutality Led to Leg Amputation. Kevin Kavanaugh, represented by Lee Kindlon and Gennaro Calabrese, who claimed his lower right leg was amputated after it was injured during a violent arrest last year has filed a federal lawsuit against several law enforcement agencies and the medical services company that treats inmates at Albany County jail.

May 29, 2014: Albany Times Union: Judge Faults Parole Drug Test Policy. An Albany man, represented by Lee Kindlon of Kindlon Shanks & Associates, who was jailed for 47 days after a state parole officer accused him of failing a drug test three years ago was maliciously prosecuted and may be entitled to financial damages, a state judge ruled this week. Records and testimony in the case also reveal that state parole supervisors routinely ignore the results of laboratory drug tests performed on parolees, who are often locked up on the basis of pre-screening drug tests because of the possibility that lab samples are mishandled.

December 4, 2013: Albany Times Union: NSA Spy Case May Benefit an Area Man. The lawyers appealing the federal conviction of imprisoned imam Yassin M. Aref said Tuesday they hope U.S. Attorney General Eric Holder's recent policy change to notify certain defendants of evidence derived from the NSA's warrantless surveillance could lead to their client's freedom.

November 26, 2013: Albany Times Union: Police, City are Lawsuit Targets. A Saratoga Springs man sued the City of Troy and three police officers on Monday, alleging that he was the victim of unjustified brutality by officers who used a Taser and pepper spray on him during an arrest at St. Mary's Hospital. The complaint, filed by attorney Terence Kindlon on behalf of John M. Larkins, alleges assault, battery, false arrest, excessive force and malicious prosecution for the Aug. 27, 2011, incident.

September 9, 2013:  Albany Times Union:  Raped Behind Bars. Anna, a client of Kindlon Shanks & Associates, was raped by a prison guard at Albion State Prison in Orleans County. Anna won the largest verdict on record in New York involving prison-abuse allegations. Court of Claims Judge Philip Patti ordered the state to pay $605,750, since her rapist was already under investigation for illicit behavior with prisoners and the state "had notice of [the guard's] propensity to pursue unauthorized relationships with inmates and yet left him in the position to continue to pursue the same."

August 27, 2013: Albany Times Union: Fire-insurance fight leads to court. Kristopher and Sara Brenenstuhl lost their home in Watervliet to a fire. Then they were called arsonists - without any criminal charges or direct proof - by their insurance company, which refused to pay their claim. Finally, they took the insurer, the Rhode Island-based Amica Mutual, to federal court. As the case was about to go to trial before U.S. Magistrate Judge Christian Hummel, the Brenenstuhls and Amica Mutual agreed on a settlement that will pay the couple $350,000.

July 21, 2013: Albany Times Union: Man Acquitted of 2012 Assault. An Albany County jury acquitted Winston Wolfe Thursday afternoon of a single count of Assault in the First Degree and the lesser included charge of Assault in the second degree after just one hour of deliberation. Lee Kindlon of Kindlon Shanks & Associates represented Mr. Wolfe during the four-day trial that included testimony by five prosecution witnesses and two for Mr. Wolfe, including the defendant himself, who had claimed self-defense throughout the ordeal.

July 16, 2013: Albany Times Union: Albany Attorney Honored. Kathy Manley, a lawyer with Kindlon Shanks and Associates on Chapel Street in Albany, is this year's winner of the Service of Justice Award from the New York State Defenders Association. Manley, who was admitted to the bar in 2001, will be honored Monday July 22, 2013 at the association's annual meeting.

July 13, 2013: The Saratogian: Once-convicted Saratoga Springs shooter Frederick W. Clark Jr. returns to county for retrial. This week, Frederick W. Clark Jr. was released from state prison, where he has spent more than two years for a 2009 Saratoga Springs shooting. Clark said the shooting was self-defense; part of what resulted in his conviction being overturned was that the Appeals Court agreed with his appellate attorneys from Kindlon Shanks & Associates that the trial court did not adequately explain the legal ins and outs of a self-defense claim.

June 27, 2013: Mustafa Graham, former Kindlon Shanks & Associates client, wins appeal. Mustafa Graham, convicted of a single count of Criminal possession of a weapon in 2011, was cleared of any wrongdoing by the Appellate Division this morning. The Court found that because of the entirely circumstantial nature of the case and the testimony of the People's witnesses during cross-examination, the weight of the evidence could not support the verdict.

June 27, 2013: Albany Times Union: New Trial Sought for Ex-Imam. Attorneys for a former Albany imam convicted of laundering money from a fictitious terror plot said they will seek a new trial because documents released by the US Justice Department indicate the FBI may have wrongly believed he was a member of al-Qaida.

June 19, 2013: Matthew Gendreau Acquitted. After a little more than a half-hour of deliberations, an Albany City Court jury acquitted our client, Mr. Gendreau, of a single count of Endangering the Welfare of a Child.

May 13, 2013: Albany Times Union: Search Warrants: Shopped, Signed and Sealed. The Times Union writes an in-depth investigation into the use, and misuse, of search warrants in the Capital District. Our client is featured.

May 10, 2013: Albany Times Union: Deadly Setup Got $32. For his part, our client, originally charged with Felony murder, pleaded guilty to a count of first-degree robbery and will be sentenced to 10 years in prison and five years post release supervision. His murder charges were dismissed.

May 6, 2013: Albany Times Union: Be Radical For Tolerance and Peace, by Kathy Manley, Associate at Kindlon Shanks. USA Today and other media outlets have falsely accused the Muslim community in Boston of encouraging terrorism. Nothing could be further from the truth. Instead of false stereotypes, we need more radicalism - radical understanding, radical tolerance and radical peace that gets to the root of the problem, not inflames it.

May 2, 2013: Albany Times Union: Why We Still Need Miranda, by Terence Kindlon, Founding Partner of Kindlon Shanks. If the Constitution doesn't protect everyone, it won't protect anyone. When we scrupulously protect the rights of even the most despicable suspects, we protect the rights of all Americans.

April 12, 2013: Albany Times Union: McGinn, Smith Partner in Court. Our client, a former senior managing partner for McGinn, Smith & Co. was sentenced to no jail time and a year of probation Friday for his conviction of falsifying income statements to conceal $950,000 he received from the embattled brokerage.

January 15, 2013: Albany Times Union, Assault Victim Plans to Sue City. A Malta man who was assaulted by an off-duty police officer outside a bar on Caroline Street has filed notice that he intends to sue the city and those that attacked him.

December 20, 2012: Albany Times Union, Court Says Veteran Should Get New Trial. An appeals court on Thursday unanimously reversed the felony assault conviction of our client, a former Army captain from Delmar found guilty of hurling a plastic beer mug that injured a woman outside an Albany bar in 2010.

December 14, 2012: Rashaud Frost Acquitted. An Albany County Jury acquitted Rashaud Frost Thursday night of a single count of Robbery in the First Degree following eight hours of deliberation. Glen Hammond of Kindlon Shanks & Associates represented Mr. Frost during the four-day trial.

October 17, 2012: Albany Times Union, $605K Verdict to Rape Victim. In one of the largest judgments on record involving prison-abuse allegations, the state of New York has been ordered to pay $605,750 to an Albany woman who was raped by a prison guard five years ago.

 



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