On Friday, Staten Island prosecutors dropped all criminal charges against Jason Serrano, a man who accused an NYPD officer of planting drugs on him during a car search. The decision came just days after a judge tossed Serrano’s conviction stemming from that search, pointing to footage revealing apparent drug planting and NYPD records, obtained by Gothamist/WNYC, showing the officer in question had been quietly reprimanded for improperly invoicing drug seizures after arrests the same year.
The district attorney’s decision marks a sharp reversal for the office, which had for months sought to preserve the conviction against Serrano in court.
“After reviewing the judge’s recent decision in this matter, and considering changes to the law over the last few years, we have made the decision to dismiss the case against Jason Serrano in the interest of justice," said District Attorney Michael McMahon in a statement.
Serrano’s attorneys at the Legal Aid Society thanked the District Attorney for dismissing the charges, but argued prosecutors needed to do more.
“According to the DA’s office, the only discipline either of the officers involved in this case received was the benefit of additional training,” said Marion Elizabeth Campbell, staff attorney with the Staten Island trial office at The Legal Aid Society.
“Neither officer was disciplined, fired, nor prosecuted for planting evidence on innocent people and then lying in police reports and sworn statements used in court. The culture of impunity will continue to thrive at precincts so long as officers who betray the public’s trust aren’t held accountable.”
The NYPD has previously noted that reviews, conducted by both the NYPD and Staten Island district attorney’s office, had cleared both of Serrano’s arresting officers, Kyle Erickson and Elmer Pastran, of criminal conduct.
According to the police department, Erickson has since retired and Pastran is on leave. Neither responded to requests for comment submitted to their union.
