Court Finds Nassau DA Intentionally Suppressed Evidence, Grants Murder Defendant New Trial

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Max Power

Max Power is the Editor-in-Chief of Undoing Time.  You can reach him at or by calling 866-664-3052


Nassau County Assistant District Attorney Kirk Sendlein

Mineola, New York – The Nassau County District Attorney’s Office deliberately withheld information from the defense that the only eyewitness to a homicide expected to receive a $5,000.00 reward in exchange for his testimony, according to a court decision issued by the Nassau County Supreme Court on February 8, 2023. Judge Helene F. Gugerty has granted Junior Maldonado, who was found guilty of Murder in the Second Degree, a new trial as a result.

In the 14-page decision, which you can read HERE:

Indictment # 70208-20 – People v. Junior Maldonado – Order Granting Defendant New Trial 2-8-2024

Judge Gugerty found that Assistant District Attorney Kirk Sendlein intentionally withheld information that the sole eyewitness to March, 2020 shooting only identified Junior Maldonado as the shooter after a $5,000.00 CrimeStoppers reward was published. The eyewitness repeatedly asked Sendlein about the reward money prior to the trial, and again after the trial. However, Sendlein never disclosed this information to the defense prior to trial.

The eyewitness’ testimony was the only evidence that tied Maldonado to the shooting. Sendlein argued to the jury that the eyewitness had no motive to fabricate his testimony and no interest in the case, despite having had several conversations with the witness where the witness kept asking him about the $5,000.00 reward. During jury deliberations, the jury asked for the witness’ testimony to be read back to them five times before finding Maldonado guilty on March 16, 2023.

After the guilty verdict, ADA Sendlein received a call from the witness again demanding $5,000.00. This time, he turned it over to the defense.

Jason L Russo, Esq.

Defense attorney Jason L. Russo quickly filed a motion to set aside the verdict and for a new trial. The court held a hearing, with ADA Kirk Sendlein now testifying as the witness.

Today, Judge Gugerty granted the motion, finding that Maldonado’s Constitutional rights were violated by the DA’s suppression of favorable evidence, in violation of Brady v. Maryland.

The case is pending in the Nassau County Supreme Court, People v. Junior Maldonado, Indictment # 70208-20


Criminal Defense lawyer, criminal defense attorney, Federal appeal lawyer, Federal appeals lawyer, Federal appeals lawyers, Federal appeal attorney, Federal appeal attorneys, Federal Appeals Attorney, Federal Appeals Attorneys, Federal criminal defense lawyer, federal criminal appeal lawyer, 


Brady, favorable evidence, suppression, discovery violation, Nassau County District Attorney, Murder, new trial, 330 motion, prosecutorial misconduct 



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