Misconduct by DA's office: Colonial "victim" testifies DA's office told her to delete social media

[Joe Friday]

Today one of the  alleged victims in the Colonial rape case testified the Broome County District Attorney's Office, under Michael Korchak, and prosecutor Alyssa Congdon, told her to delete her social media pages.  

There is a duty to preserve relevant evidence, including evidence located on social media. For an officer of the court to advise victims to get rid of evidence, which will be used at trial, is prosecutorial misconduct. We've already seen what was in the text messages, with the victims confirming sex was consensual, and conspiring to take the defendants' money and property, we can only imagine what they didn't want anyone to see on their social media pages. 

[Clyde]

14 hours ago, Joe Friday said:

Today one of the  alleged victims in the Colonial rape case testified the Broome County District Attorney's Office, under Michael Korchak, and prosecutor Alyssa Congdon, told her to delete her social media pages.  

There is a duty to preserve relevant evidence, including evidence located on social media. For an officer of the court to advise victims to get rid of evidence, which will be used at trial, is prosecutorial misconduct. We've already seen what was in the text messages, with the victims confirming sex was consensual, and conspiring to take the defendants' money and property, we can only imagine what they didn't want anyone to see on their social media pages. 

Something like that could lead to the charges being dismissed by the judge before it even goes to the jury.  I can't say I'm surprised though, this is what we've come to expect from Korchak's office. 

[David Brinkley]

The defendants never should have been charged.  BPD has stated they weren't ready to arrest the Kwellers or Ringden when Korchak ordered BPD make the arrests, to take the attention off a scandal brewing at the DA's office.  I'm sure this will all come out in a lawsuit when the defendants are found not guilty. 

[EarlCurtis]

Why isn't Mike Korchak himself prosecuting the case?   During his campaign all he talked about was experience, experience, experience.  But in November 2021, he assigned this case to an attorney who had just been hired, and never prosecuted a case in her life.  

[Bingking]

3 hours ago, EarlCurtis said:

Why isn't Mike Korchak himself prosecuting the case?   During his campaign all he talked about was experience, experience, experience.  But in November 2021, he assigned this case to an attorney who had just been hired, and never prosecuted a case in her life.  

And she was handling traffic tickets before the DA’s office I hear. Not great 

[SU75]

Did anyone else catch the update on this case earlier tonight on the news?  The first agency to interview the victims was the state police, there was no mention of a sexual assault concerning one of the defendents, and the body cam video and officer's notes both disappeared?  Either Korchak's office is totally corrupt or they are totally incompetent.  This is unbelievable. 

[Former Top Cop]

9 hours ago, SU75 said:

Did anyone else catch the update on this case earlier tonight on the news?  The first agency to interview the victims was the state police, there was no mention of a sexual assault concerning one of the defendents, and the body cam video and officer's notes both disappeared?  Either Korchak's office is totally corrupt or they are totally incompetent.  This is unbelievable. 

Keep in mind a lot of these issues being discussed here are the responsibility of the DA investigators assigned to the case.  Alyssa Congdon, as prosecutor in this case, has been a disaster, but the investigators working on the case also deserve much of the blame.  BCVoice's favorite investigator, Jeffrey Wager, has been heavily involved in this case.  Wagner has a reputation for being dirty and very corrupt, it wouldn't surprise me a bit if Wagner intentionally got rid of the evidence that was favorable to the defendants.  As others have said this will probably all come out in lawsuits in the coming months and years.  Korchak's staff thinks they're done come January, but I'm certain many of them will have to retain attorneys and will be the subject of several lawsuits for the foreseeable future.  Hopefully Korchak and Wagner have good pensions, because their legal bills won't be cheap. 

[Jill]

2 hours ago, Former Top Cop said:

Keep in mind a lot of these issues being discussed here are the responsibility of the DA investigators assigned to the case.  Alyssa Congdon, as prosecutor in this case, has been a disaster, but the investigators working on the case also deserve much of the blame.  BCVoice's favorite investigator, Jeffrey Wager, has been heavily involved in this case.  Wagner has a reputation for being dirty and very corrupt, it wouldn't surprise me a bit if Wagner intentionally got rid of the evidence that was favorable to the defendants.  As others have said this will probably all come out in lawsuits in the coming months and years.  Korchak's staff thinks they're done come January, but I'm certain many of them will have to retain attorneys and will be the subject of several lawsuits for the foreseeable future.  Hopefully Korchak and Wagner have good pensions, because their legal bills won't be cheap. 

 

[UE MOM2]

It's a travesty the DA's office did what they did in this case.  I'm not a legal expert, so let me ask.. when these men sue, is the county on the hook, or is it Korchak and his employees? I think the county is self-insured and I sure as hell don't want my tax dollars paying for Korchak's unethical actions.

They are seeking damages as they should.  But Korchak should have to pay, not us tax payers.  

Here's the prosecutorial misconduct examples announced from one of the defense attorneys:  https://fastlawpc.com/press-release-jury-acquits-on-all-charges-on-the-colonial-rape-case/

DESPITE THEIR ETHICAL AND LEGAL OBLIGATIONS, THE BROOME COUNTY DISTRICT ATTORNEY’S OFFICE SOUGHT A CONVICTION OF INNOCENT MEN AT ALL COSTS. TRIAL TESTIMONY AND EVIDENCE REVEALED NUMEROUS EXAMPLES OF SHOCKING PROSECUTORIAL MISCONDUCT INCLUDING:  

• SENIOR ASSISTANT DISTRICT ATTORNEY ALYSSA CONGDON AND THE BROOME COUNTY DISTRICT ATTORNEY’S OFFICE INSTRUCTED A COMPLAINANT TO “DELETE” HER SOCIAL MEDIA ACCOUNTS. 
• SENIOR ADA CONGDON WITHHELD ONE OF THE COMPLAINANT’S TEXT MESSAGES THAT STATED THAT THE ALLEGED ENCOUNTER WAS CONSENSUAL UNTIL MONTHS AFTER THE GRAND JURY RETURNED AN INDICTMENT. 
• THE BROOME COUNTY DISTRICT ATTORNEY’S OFFICE FAILED TO PRESERVE AN HOUR AND A HALF OF FAVORABLE BODY WORN CAMERA FOOTAGE OF A RESPONDING TROOPER. PRIOR TO ITS DELETION, THE DEFENSE HAD REQUESTED THAT THE DISTRICT ATTORNEY’S OFFICE PRESERVE AND DISCLOSE THIS EVIDENCE.

[ginger]

If there is a civil suit, I mean, really...who is coming to the table with clean hands?

[UE MOM2]

40 minutes ago, ginger said:

If there is a civil suit, I mean, really...who is coming to the table with clean hands?

In the eyes of the law?  The 3 men who were cleared on all charges.  

[ginger]

^^I guess these grown men l shouldn't have INVITED trouble into their lives.

These prominent men, business owners and POLITICIANS persistently INVITING trouble and when things go south it's always the young ladies fault. 

Nobody sees a pattern here? I can bring back thread after thread after thread from the last 12 years. Scandal after scandal after scandal.

It sounds like those men had a good time for themselves. No? It was consensual, right? They got theirs already. Paid in full.

[Joe Friday]

This lying sack of shit Mike Korchak is now defending himself saying the victim "misspoke" when she testified UNDER OATH, ADA Alyssa Congdon told her to delete her social media pages. Story: https://www.binghamtonhomepage.com/news/top-stories/korchak-denies-accusation-of-misconduct-in-colonial-case/

Here's the problem. If that is true, ADA Congdon has a duty to revisit that line of questioning and correct the record.  This is for two reasons, 1. so the victim doesn't perjure herself, and 2. so there's a correct court record.  ADA Congdon did not ask the victim again to clarify her answer.  Why?  Because Congdon and Korchak instructed her to delete her social media.

Korchak isn't only unethical and corrupt, he's also a coward. 

 

 

[Clyde]

29 minutes ago, Joe Friday said:

This lying sack of shit Mike Korchak is now defending himself saying the victim "misspoke" when she testified UNDER OATH, ADA Alyssa Congdon told her to delete her social media pages. Story: https://www.binghamtonhomepage.com/news/top-stories/korchak-denies-accusation-of-misconduct-in-colonial-case/

Here's the problem. If that is true, ADA Congdon has a duty to revisit that line of questioning and correct the record.  This is for two reasons, 1. so the victim doesn't perjure herself, and 2. so there's a correct court record.  ADA Congdon did not ask the victim again to clarify her answer.  Why?  Because Congdon and Korchak instructed her to delete her social media.

Korchak isn't only unethical and corrupt, he's also a coward. 

 

 

That's exactly right.  After the defense's cross-examination, the prosecutor has an opportunity for redirect, which is an opportunity for the prosecutor to clarify anything the witness may have said incorrectly.  Korchak couldn't be more pathetic... just go away already! 

[2pelo Honey]

2 hours ago, ginger said:

^^I guess these grown men l shouldn't have INVITED trouble into their lives.

These prominent men, business owners and POLITICIANS persistently INVITING trouble and when things go south it's always the young ladies fault. 

Nobody sees a pattern here? I can bring back thread after thread after thread from the last 12 years. Scandal after scandal after scandal.

It sounds like those men had a good time for themselves. No? It was consensual, right? They got theirs already. Paid in full.

Did you not see the texts from those ‘young ladies’…?

[forksguest101]

After the alleged rape, the victim changed her Facebook profile picture to her on a bed in lingerie. Does that sound like a poor, innocent rape victim?  For those who don't know, the FB profile picture is the picture you put out there to the world, it's the one picture everyone can see.  This is a girl looking for fame, money, booze and sex... NOT a poor, innocent rape victim!!!!!!!!! 

[Bingking]

On 10/31/2023 at 8:44 AM, Former Top Cop said:

Keep in mind a lot of these issues being discussed here are the responsibility of the DA investigators assigned to the case.  Alyssa Congdon, as prosecutor in this case, has been a disaster, but the investigators working on the case also deserve much of the blame.  BCVoice's favorite investigator, Jeffrey Wager, has been heavily involved in this case.  Wagner has a reputation for being dirty and very corrupt, it wouldn't surprise me a bit if Wagner intentionally got rid of the evidence that was favorable to the defendants.  As others have said this will probably all come out in lawsuits in the coming months and years.  Korchak's staff thinks they're done come January, but I'm certain many of them will have to retain attorneys and will be the subject of several lawsuits for the foreseeable future.  Hopefully Korchak and Wagner have good pensions, because their legal bills won't be cheap. 

Attorneys have malpractice insurance up to 1 million dollars. Nothing will come out of their pensions or pay unless the plaintiff can prove korchak did something in a personal capacity 

[ginger]

On 11/2/2023 at 7:15 PM, 2pelo Honey said:

Did you not see the texts from those ‘young ladies’…?

I did. Looks like everyone involved F#$%*d around and found out. Play with fire, get burned. Why should they have their cake and eat it too? It was consensual?, Well ok. You had a good time and apparently they didn't. In fact one of them described the scenario as disgusting and ran to the police. Looks like everyone involved got MORE THAN THEY BARGAINED FOR already.

BTW, wasn't one of them a minor and weren't drugs involved? Where are the criminal conspiracy charges? From either side? 

I stated in the original thread those girls are a little naive thinking they could get paid for their own bad behavior, and the same goes for the boys.