Mistreated!

A friend of mine was tried and convicted in 1993 for Agrivated Assault. On his first trial the judge sequestered everyone in the courtroom. The judge caught the police officer that he supposedly assaulted, breifing the witnesses outside the courtroom and declared it a mis-trial. He was then retried on the same case and the same tainted witnesses were brought back in to testify wich resulted in his 2.5 year jail sentence. A side note: the police officer that he assaulted(after the cop beat him with a night stick)was running for District Attorney and got the position for the way he was able to get the conviction put through in a speedy manor. My friend was also denied the right of an appeal case because of the fact that the officer was now a District Attorney. Does he have a case against the Attorneys and the Police Department in Pennsylvania?

I don't understand what you mean that "was also denied the right of an appeal case because of the fact that the officer was now a District Attorney." Did he file an appeal or not? If he lost on appeal he can apeal to a higher court. If he never filed an appeal he can do so on his own or through a public defender's office or through a criminal defense attorney.

But based on what I have explained, do you think he has a case?

If what your contemplating is a criminal action against the DA and/or police department, I can't think what the crime would be. Are you trying to get at "jury tampering" in the first trial? You already got that remedied by having the judge declare a mistrial in that case. Were you hoping that the DA could not use those witnesses in the second trial? That was a motion your attorney may have brought in the second trial; the judge probably ruled against you if the same witnesses were called. Again that is something you could probably raise on appeal. If you are trying to allege a civil action against these players at this point in time you need to talk to a lawyer; your old attroney is a good place to start because s/he is most familiar with your case. This is all the help I can give you.