Charles Bunge - Mistaken Witness ID
Bunge, Charles; attempted robbery; NRE: mistaken eyewitness identification, perjury/false accusation, police officer misconduct, misconduct that is not withholding evidence, witness tampering or misconduct interrogating co-defendant
Suggestibility issues
[894:97]; 2nd Dept. 2/2/10; reversed, due to evidentiary issue
"[Bunge]...[contends] that he was deprived of his due process right to present a defense by the [Kings County] Court's denial of his pretrial motion for leave to cross-examine the complaining witness by the use of a wanted poster containing a photograph of an individual who resembled [Bunge] and who allegedly committed crimes similar to the crime charged herein, utilizing an identical modus operandi..."
"The wanted poster sufficiently connected the individual identified thereon with the charged crime...and, thus, was probative of whether the complainant may have mistakenly identified [Bunge] as the perpetrator, which was an issue central to the case..."
from NRE synopsis (By Maurice Possley):
"On March 8, 2006, a woman called police after a man drove past her as she walked into a Caesar's Bay shopping center in Brooklyn...and attempted to snatch her purse. The victim said she managed to hold onto the purse and the man drove off in a red car.
"A few minutes later, 38-year-old Charles Bunge was stopped by police as he was driving to visit his mother in his burgundy Honda bearing Pennsylvania license plates. The car stood out because it had an extremely noisy broken muffler.
"The victim was brought to the place where Bunge was being questioned. As police drove past Bunge in a squad car, she identified him as the robber."
[* This 'show-up' procedure was highly suggestive -- and improper.]
"Bunge, a heroin addict, was driving on a suspended license and had prior convictions for assault and drug offenses. When he was first stopped, police said he gave a false name before finally admitting his true identity.
"Bunge was charged with attempted robbery, reckless endangerment and assault. He rejected a plea bargain of six months in prison and said he was innocent.
"While awaiting trial, Bunge was free on bail. He noticed a Crime Stoppers reward poster for Manuel Viera, who was wanted for several robberies committed in Brooklyn and Staten Island between March 2 and March 5, 2006. The poster said Viera committed the robberies by driving up to women, grabbing their purses and speeding off in a car.
"Bunge went to trial in Kings County [Brooklyn]...in June 2007. His attorney tried to use the reward poster when cross-examining the victim, but it was excluded. The victim identified Bunge, although she had told police immediately after the attack that she had not seen the robber's face.* Police testified that the woman said the robber drove a car bearing Pennsylvania license plates, although the initial radio calls made no mention of license plates. On June 21, 2007, a jury convicted Bunge of attempted robbery and he was sentenced to six years in prison."**
[* So, the victim told police that she had not seen the robber's face. But, in a demonstration of immensely bad faith, the police arrange a 'show-up' of Bunge anyway, at which time the victim (also in bad faith) 'identifies' Bunge as the culprit.] [** Note that this was 12 times longer than the plea offer of 6 months.]
"In February 2010, the Appellate Division...ruled that the poster should have been admitted in evidence and reversed Bunge's conviction. He was freed on bail in March 2010 and went on trial a second time in November 2010. With the reward poster for Manuel Viera in evidence, the jury acquitted Bunge on November 15, 2010.
"Bunge filed a wrongful conviction lawsuit in the New York Court of Claims. At the trial of the lawsuit Bunge called Manuel Viera as a witness. Viera testified that he was a serial drive-by purse snatcher as far back as 1990 and committed the crimes to feed his crack cocaine addiction. Viera said that he committed many of his crimes in the Caesar's Bay shopping center and that after committing several purse snatchings in March 2006, he left New York. Viera testified that he committed so many robberies he could not remember them all -- and had no memory of the robbery for which Bunge had been arrested. Viera was arrested in November 2006 after he returned to New York and resumed snatching purses. He pled guilty to attempted robbery and was sentenced to five years in prison.
"New York police officers testified that the victim told them her attacker was a white man with blonde hair driving a red, very clean car and that Bunge's car matched the description given by the victim.
"In May 2013, Court of Claims Judge Faviola Soto found Viera to be a credible witness. Judge Soto also found the police officers were not credible and noted that the initial radio alert of the crime did not mention a license plate. The judge also noted that Burge's car had a broken muffler which created a loud noise, and had primer paint on three sides of the vehicle. The judge ruled that the City of New York was liable for damages for Bunge's imprisonment. A damages hearing was to be held late in 2013. Subsequently, Bunge received $1.4 million in compensation from the New York Court of Claims."
[So, it appears that car driven by the actual culprit did not match Bunge's car at all. First, the victim said it was a red car, whereas Bunge's is burgundy. Now, because those colors are 'close,' we could let that go. But then, we have the problem of the victim saying nothing about 1) there being primer patches all over the car, and, 2) it having an extremely noisy broken muffler. Now, let's do something the police do not appear to have done here; i.e., actually think about how likely it is that a drive-by purse snatcher would use a car that stands out not only because of primer paint patches, but also, a very noisy muffler. (And don't forget: the police also falsely claimed that the victim mentioned Pennsylvania license plates.)]
[All emphases added unless otherwise noted.]
