A Tompkins County judge has overturned a guilty verdict for three men convicted in an emergency room brawl.
The fight broke out in May 2010 at Cayuga Medical Center while one man was being treated for a stab wound.
Johnny F. Lucena, his son, Johnny J. Lucena, and Timothy Daniels, were accused of a gang assault.
All three were convicted of burglary and conspiracy.
But defense attorneys motioned to have the verdicts set aside, accusing the District Attorney’s office of misconduct for allegedly misleading jurors as to the whereabouts of a fourth suspect.
They say Assistant District Attorney David Wade led jurors to believe that the three defendants were covering for the fourth suspect, known as “Pip,” and that authorities could not locate him.
Meanwhile, Wade had been trying Pip in another case in city court.
Videotaped interviews also revealed that the defendants had answered questions regarding the whereabouts of Pip, later identified as James Marshall.
The DA’s office now admits that errors occurred and the judge overturned the convictions.
Defense attorneys do not know yet whether there will be a retrial.
The district attorney declined to comment.
