An Attempted Murder case just went the right way for the defense in Saratoga County. This was a retrial after a conviction and a reversal by the Appellate Division. One of the main reasons for the first verdict being overturned was that the accused was not allowed to present expert testimony to establish her actions were self-defense.
My hat is off to Drew Blumenberg of the Saratoga County Public Defender’s Office, and to Massad Ayoob, the expert witness who explained the dynamics of the violence in the Salce case to the jury. Ms. Salce was acquitted on all counts in her second trial. The jury accepted she acted with self-defense.
The critical difference between the first and second trials? The testimony of expert witness Massad Ayoob. He and Drew are the reason justice was done and Ms. Salce has her freedom.
The article below documents her acquittal. The essential point is this woman spent years behind bars because she was denied the right to present expert testimony at her first trial.
The same DA’s office employed Massad as an expert back in 1998 when a Saratoga County Sheriff’s Deputy shot an attacker armed with a bat. The Deputy was cleared (and should have been) and his attacker was charged after the DA had Massad testify to the Grand Jury.
For Massad Ayoob’s take on the case, see: http://backwoodshome.com/
For the Times Union Article go to : http://www.timesunion.com/news/article/Jury-acquits-in-Saratoga-County-attempted-murder-6258958.php