Criminal defense attorney and former Kings County felony prosecutor
COMPLAINANT TESTIFIES THAT PROSECUTOR INSTRUCTED HER TO DELETE EVIDENCE
ON FEBRUARY 22, 2022, THE BROOME COUNTY DISTRICT ATTORNEY’S OFFICE MADE AN UNFOUNDED AND LEGALLY UNSUPPORTABLE DECISION TO ARREST YARON KWELLER AND JORDAN RINDGEN FOR SEXUAL ASSAULT ALLEGATIONS. THE BROOME COUNTY DISTRICT ATTORNEY’S DECIDED TO ARREST MR. KWELLER AND MR. RINDGEN DESPITE THERE BEING NO EVIDENCE THAT ANY CRIME HAD OCCURRED. THERE WAS ALSO SUBSTANTIAL EVIDENCE THAT THE COMPLAINANTS HAD IMPROPER FINANCIAL MOTIVES FOR MAKING THEIR CLAIMS. FROM DAY 1, MR. KWELLER AND MR. RINDGEN VIGOROUSLY MAINTAINED THEIR INNOCENCE.
ON OCTOBER 31, 2023, JUSTICE PREVAILED AND A JURY RETURNED A VERDICT OF NOT GUILTY ON ALL COUNTS IN LESS THAN TWO HOURS OF DELIBERATIONS. WE ARE ETERNALLY GRATEFUL TO EACH AND EVERY JUROR FOR HONORING THEIR OATH AND FOLLOWING JUDGE COCCHIOLA’S LEGAL INSTRUCTIONS.
DESPITE THEIR ETHICAL AND LEGAL OBLIGATIONS, THE BROOME COUNTY DISTRICT ATTORNEY’S OFFICE SOUGHT A CONVICTION OF INNOCENT MEN AT ALL COSTS. TRIAL TESTIMONY AND EVIDENCE REVEALED NUMEROUS EXAMPLES OF SHOCKING PROSECUTORIAL MISCONDUCT INCLUDING:
- SENIOR ASSISTANT DISTRICT ATTORNEY ALYSSA CONGDON AND THE BROOME COUNTY DISTRICT ATTORNEY’S OFFICE INSTRUCTED A COMPLAINANT TO “DELETE” HER SOCIAL MEDIA ACCOUNTS.
- SENIOR ADA CONGDON WITHHELD ONE OF THE COMPLAINANT’S TEXT MESSAGES THAT STATED THAT THE ALLEGED ENCOUNTER WAS CONSENSUAL UNTIL MONTHS AFTER THE GRAND JURY RETURNED AN INDICTMENT.
- THE BROOME COUNTY DISTRICT ATTORNEY’S OFFICE FAILED TO PRESERVE AN HOUR AND A HALF OF FAVORABLE BODY WORN CAMERA FOOTAGE OF A RESPONDING TROOPER. PRIOR TO ITS DELETION, THE DEFENSE HAD REQUESTED THAT THE DISTRICT ATTORNEY’S OFFICE PRESERVE AND DISCLOSE THIS EVIDENCE.
“OUR CLIENTS ARE RELIEVED THAT AFTER A TWO YEAR BATTLE, THEY CAN BEGIN TO REBUILD THEIR LIVES AND LIVELIHOOD, WHICH WERE DESTROYED BY THIS MALICIOUS PROSECUTION.” SAID ELENA FAST, ATTORNEY FOR YARON KWELLER.
MR. KWELLER WAS REPRESENTED BY ELENA FAST, ESQ. OF THE FAST LAW FIRM, P.C. AND PAUL BATTISTI, ESQ. OF THE BATTISTI LAW OFFICES, P.C. MR. RINDGEN WAS REPRESENTED BY THOMAS JACKSON OF JACKSON BERGMAN LLP. THE CASE WAS PROSECUTED BY SENIOR ASSISTANT DISTRICT ATTORNEY ALYSSA CONGDON AND SENIOR ASSISTANT DISTRICT ATTORNEY AMANDA CRONIN (NEE CHAFFE) UNDER THE SUPERVISION OF LUCAS FINLEY, CHIEF ASSISTANT DISTRICT ATTORNEY AND DISTRICT ATTORNEY MICHAEL KORCHAK.