Judge Orders Kaitlyn Conley Released While Decision is Made Over Whether to Take the Case to a Grand Jury for the Third Time

As I noted on Saturday, last week a New York appellate court vacated Kaitlyn Conley’s manslaughter conviction. This was a case in which I provided pro bono assistance after it became clear that there were factual and legal errors that led to a switch from her first trial ending with a hung jury of 10 jurors want to acquit and 2 jurors wanting to convict to her second trial again ending with a manslaughter conviction (which still only came after the jury initially deadlocked and the judge gave an Allen charge).

Yesterday, the presiding judge ordered Conley released over the D.A.’s argument that she should remain locked up while a decision is made over whether to take her case to a grand jury for a third time. I really liked the judge’s response, which could apply in any number of cases in which convictions are overturned.

As the Honorable Bernadette T. Clark put it,

It would be like me taking someone off the street and putting them in custody. How can I do that? There’s no charges pending against her,” said Justice Clark. “Point to me something in the Appellate Division’s decision that would direct me to take certain action.”

The D.A. now has 45 days to decide whether to take the case to a grand jury again, but that decision will be made while Conley is free, not behind bars.

-CM