Queens

Law professors filed a grievance regarding Brad Levethal’s egregious misconduct in People v. Bell as well as multiple other cases that he prosecuted on behalf of the Queens District Attorney’s Office (QDAO).

The Queens Supreme Court found that Leventhal and his colleague Charles Testagrossa suppressed exculpatory evidence, misled the trial court and other parties, and permitted false testimony to stand. Leventhal’s misconduct led to the wrongful conviction and imprisonment of George Bell, Rohan Bolt, and Gary Johnson for 24 years.

“The prosecution”—that is, Leventhal and Testagrossa—“completely abdicated its truth-seeking role,” leaving the court with the “distinct impression… [of a] pattern of behavior that was calculated to deprive the defendants of fair trials, which is particularly egregious given that the death penalty was being sought against 19-year-old George Bell.”

Later, in 2006, the Appellate Division found that Leventhal committed serious misconduct again. Leventhal engaged in summation and cross-examination misconduct in People v. Brown.

Despite the findings of misconduct, the New York Attorney Detail Report lists “Disciplinary History: No record of public discipline” for Leventhal at the time the professors filed this grievance. Instead, Leventhal resigned from his position after public outcry following the reversal of Bell, Bolt, and Johnson’s convictions.

Leventhal’s misconduct in Queens was far from unique; serious misconduct at QDAO has been regularly reported for years.

Powerful positions require the highest accountability. We cannot reward prosecutors for breaking the rules.