Appeals Court Overturns Subway Pusher's Conviction

A NY State Appeals Court overturned Andrew Goldstein's murder conviction yesterday, paving the way for a new trial. Goldstein fatally pushed Kendra Webdale in front of a subway in 1999. Goldstein's defense team used an insanity defense, as Goldstein was off his medication for schizophrenia. The outcry over Webdale's death prompted "Kendra's Law," which forces "mentally ill people to comply with treatment"; it was also one of the events that spurred then Mayor Giuliani to crack down on homeless people. Goldstein's appeal was based on the fact that a prosecution witness psychiatrist made a diagnosis of Goldstein based on witness accounts - and the defense wasn't even able to talk to those witnesses. And as the conviction ruled out the possibility of insanity, this appeal may impact other mental illness court cases.

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By Jen Chung in News on December 21, 2005 11:23 AM

Comments [rss]

S.D.

"an expert's opinion may be based on hearsay."?

Even with unqualified observers?

Lawyer Q. Lawyer

an expert's opinion may be based on hearsay.

mrd in nyc

Sounds like the psychiatrist went to the same med school as Bill Frist.

S.D.

Actually, looks like the Manhattan D.A. screwed this one up with the help of the judge.

A diagnosis based on non-professional's observation?

Bizzare...

rev pays

More Guiliani mess that we currently have to clean up.

Jen

A judge did allow the testimony, and that's what the appeals court found disturbing. I highly recommend people read the articles about the case - it's very interesting.

S.D.

"Goldstein's appeal was based on the fact that a prosecution witness psychiatrist made a diagnosis of Goldstein based on witness accounts - and the defense wasn't even able to talk to those witnesses."?

Wow. The prosecutor screwed up big time. I'm surprised the Judge even allowed it since it apparently wasn't based on a Direct examination (Isn't it Hearsay?)