Eugene Reibstein

PROSECUTOR

Eugene Reibstein – NY State Bar # 1299213

BOROUGH

Queens

POSITION

Current or Former Assistant District Attorney

Law professors filed a grievance regarding Eugene Reibstein’s misconduct in People v. Redd, which he prosecuted on behalf of the Queens District Attorney’s Office (QDAO).

In Redd, the Appellate Division reversed a murder conviction because of Reibstein’s “pervasive” opening and summation misconduct. Specifically, Reibstein “repeatedly engaged in improper conduct” which touched on multiple categories of impermissible argumentation, from misstating the evidence to inflaming the jury and arousing its sympathy. Reibstein’s misconduct was so grave that the Appellate Division, in an unusual step, quoted many of Reibstein’s remarks in its decision in order to paint “a more complete picture of the pervasiveness of [Reibstein’s] misconduct.”

Redd’s case is now featured in the National Registry of Exonerations, which adds further detail to Reibstein’s misconduct at trial: “At one point, the judge warned Reibstein that ‘if you keep inflaming the jury, you will come to regret it.’ Reibstein nevertheless continued.”

Despite the findings of misconduct, the New York Attorney Detail Report lists “Disciplinary History: No record of public discipline” for Reibstein at the time the professors filed this grievance.

Reibstein’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.