Miscellaneous

GREATLY REDUCED SENTENCES SECURED DURING COVID-19

As we all know, the world was besieged by the COVID-19 pandemic in early 2019. But only those who work with incarcerated individuals or have friends or loved ones inside the city’s jails and the state’s prisons understand how dramatically their physical and mental health was and is still affected by the restrictions necessitated by the virus. Early in the pandemic Mr. Kousouros asked his clients to keep a running tabulation of the time they were confined to their cell in “lockdown” and the amount of access to commissary and other services they were allowed. With this information, and the additional up-to-date statistics of the level of active infections which threatened our clients in each facility, Mr. Kousouros crafted sentencing submissions which included detailed descriptions of the onerous prison conditions our clients were experiencing – including the fact that many were confined to their cells 95% of the time for months on end, and the fact that they had little to no access to family and services. With these submissions and Mr. Kousouros’ oral advocacy describing the specific and real-time effects of the pandemic on our clients’ incarceration, many received compassionate release or greatly reduced sentences.

CLIENT AVOIDS DE-NATURALIZATION DESPITE FALSE STATEMENTS TO THE BORDER PATROL

After living in the United States for over 30 years, this client was facing a felony conviction and de-naturalization which would have resulted in his expulsion from the country. After 2 years of litigation, Mr. Kousouros successfully negotiated a misdemeanor plea and the withdrawal of the charges that would have resulted in de-naturalization. The Court sentenced our client to only one day in jail – the one day he had already served upon his arrest – and then went on to great lengths to voice his support for the client and to make it clear to the immigration authorities that this was not a man for whom any immigration ramifications should be pursued.

SOMALI PIRATE GETS TOP TWO COUNTS DROPPED

In a notorious Somali “pirate” kidnapping case, James Kousouros and his co-counsel secure the dismissal of the top two counts of the indictment. Read Opinion.

FACING SERIOUS FELONY ASSAULT CHARGES AND JAIL, TWO STUDENTS GET PROBATION

Two young Irish exchange students were charged in a brutal alcohol fueled assault. Both young men were promising students with otherwise impeccable backgrounds. Both had employment opportunities that would have been lost if they were convicted. Mr. Kousouros conducted an investigation of the incident and, despite overwhelming evidence and significant injuries, used his formidable skills of persuasion and negotiation to secure violations for both young men. They have both moved on to successful careers and while they have returned to Ireland, they continue to stay in contact with Mr. Kousouros. See Testimonials, Avvo

CHARGED WITH A BRUTAL RAPE, CLIENT GETS CASE DISMISSED

Our client was charged with a brutal rape and vehemently maintained his innocence. Mr. Kousouros conducted a thorough and painstaking investigation in which he tracked the client’s whereabouts through interviews and cell site information. After two years of litigation, the Kings County District Attorney’s office finally relented and dismissed the case. Months later, the alleged victim was exposed publicly as a fraudster.

TWO COOPERATORS, SEVERAL INCRIMINATING WITNESSES, DAMAGING CELL PHONE RECORDS — STILL NO GUILTY VERDICT.

In this 3-week trial on charges of multiple home invasions with the use of weapons, there was substantial evidence against the client – including the testimony of two cooperating witnesses who admitted they committed the offenses charged and claimed they did so with the client’s help, several victims’ incriminating eyewitness testimony, and extensive damaging cell phone evidence. Nonetheless, Mr. Kousouros secured a hung jury in this Eastern District of New York trial.

CHARGES AGAINST CLIENT FOR FIRING SHOTS AT HOME OF QUEENS COUNTY JUDGE AVOIDED.

In this case law enforcement immediately focused on all defendants whose cases the judge had presided over, and their investigation landed them at our client’s doorstep. After intense negotiations and investigation, Mr. Kousouros was able to demonstrate, without question, that the judge was not the intended target and that his client was not responsible for the incident.

PROBATION SECURED IN HIGH PUBLICITY FELONY RECKLESS DRIVING CASE, DESPITE DA’S PROMISE OF JAIL.

This client was accused of felony reckless driving on the Long Island Expressway in Nassau County. The case drew significant media attention, and the District Attorney of Nassau County gave a televised interview indicating that those arrested for the 100+ mph drag racing would serve several years in jail. After months of negotiation, Mr. Kousouros successfully demonstrated the harshness of a felony disposition and secured a misdemeanor plea with probation. Read Article (pdf).

CLIENT ACQUITTED OF CIVIL RIGHTS VIOLATIONS IN HIGH PUBLICITY CASE

The client, a corrections officer, was charged with aiding and abetting civil rights violations and filing a false statement on behalf of a Lieutenant at the Metropolitan Detention Center. This federal case, covered by television and newspaper media, resulted in a four-week trial. The client was acquitted of all charges except the obstruction of justice.

POLICE OFFICER CHARGED WITH RAPE IS ACQUITTED IN THE BRONX

In this case a detective was charged with the rape of a woman he had met in a bar. After the first trial ended in a mistrial, the client was acquitted and restored to duty.

YOUNG BANKER GETS MISDEMEANOR PLEA IN VICIOUS ASSAULT, SAVING HIS JOB AND LICENSE

The investigation of a vicious assault on an elderly man led to Mr. Kousouros’ client, a young banker who had no memory of the assault, and no history of violent behavior. With his extensive investigation and his thorough grasp of the client’s history, Mr. Kousouros was able to secure a misdemeanor plea — saving his client’s job and license.

Appeals

MR. KOUSOUROS WINS APPEAL AND CONVINCES DA NOT TO RETRY CASE

Following a high profile conviction in New York County, the client hired James Kousouros to appeal his conviction. Mr. Kousouros prepared the appellate brief and argued the case before the Appellate Division, First Department and the conviction was reversed. Read Decision. Read Newsday Article. The DA sought review by the New York Court of Appeals, and James Kousouros submitted arguments against it. The Court refused to hear the case and Mr. Kousouros thereafter convinced the Manhattan DA to dismiss all charges rather than retry the case. Read Newsday Article.

MR. KOUSOUROS WINS NY COURT OF APPEALS CASE

In this matter, Mr. Kousouros secured a victory in the Appellate Division Fourth Department, and then went on to the New York Court of Appeals to argue the case. Mr. Kousouros was successful on this appeal, and the charges of possession of two kilos of cocaine were dismissed against his client. In the ensuing years, this case, People v. Manini, has often been cited by defense lawyers and appellate courts alike for its defense friendly clarification of the reach of the important legal doctrines of constructive possession and acting in concert. Read Opinion.

MR. KOUSOUROS SECURES REVERSAL OF PUERTO RICO CONVICTION

Mr. Kousouros was hired to handle the appeal for a client who was convicted in the Federal District Court of Puerto Rico, after a trial, and sentenced to 14 years in prison. Mr. Kousouros successfully argued before the First Circuit Court of Appeals in Boston that the reasonable doubt instruction given to the jury was erroneous, resulting in the reversal of the conviction. Read Opinion.

WEAPONS POSSESSION REVERSED

Mr. Kousouros secured a reversal of a weapons possession conviction on the grounds of ineffective assistance of counsel. Read Opinion.

Extradition

EXTRADITION COMPLAINT DISMISSED

This client, who lived in the United States and was the child of a major general in The Philipines, had been charged, along with his father, with plunder and perjury. He was arrested in New York on an extradition warrant, and after months of litigation and a vigorously fought battle, Mr. Kousouros secured his client’s release on bail. Mr. Kousouros also secured the dismissal of the extradition complaint.

DISMISSAL OF GREEK EXTRADITION WARRANT AND DRUG CHARGES PENDING IN FRANCE

In this case, the client was arrested on drug charges in France. Mr. Kousouros secured not only his client’s release, but permission for the client to return to Greece. France then sought his client’s extradition back to France and Mr. Kousouros, after obtaining local counsel in France and Greece, was successful in obtaining the dismissal of both the extradition warrant and the charges lodged in France.