New York Court of Appeals Upholds Conviction Despite Trial Transcript Riddled With 'Blah Blah Blah'

ALBANY (LN) — The New York Court of Appeals on Tuesday upheld the murder and arson convictions of Joseph A. Meyers, ruling that a four-day reconstruction hearing was sufficient to preserve his right to appellate review despite a trial transcript riddled with "blah blah blah" and "untranscribable" entries where testimony should have been recorded.

Chief Judge Wilson wrote for the majority that the great majority of testimony was transcribed, and the untranscribed portions concerned non-testimonial matters like jury selection, opening statements, summations and the verdict. The reconstruction hearing included testimony judge, his confidential law clerk, two court clerks, the trial prosecutors and defense attorneys, along with 124 pages of detailed notes the judge took during the trial.

Mr. Meyers argued that a reconstruction hearing conducted through the testimony of involved parties could not cure the record's deficiencies. The court disagreed, citing precedent that "unless the trial minutes have become unavailable because of any active fault on the part of the People, it does not necessarily follow that their absence compels resort to a less perfect record, that the right to appeal must be deemed to be frustrated."

The court also rejected Mr. Meyers's due process claims, including his contention that the People improperly intimidated his expert fire witness by suggesting the expert could be prosecuted for inspecting evidence without a private investigator's license. The majority noted counsel could have opposed the preclusion motion and obtained a judicial determination but chose not to.

The reconstruction court appointed a special prosecutor after the Steuben County District Attorney was recused because one of Mr. Meyers's trial defense counsel had joined that office. The court admitted the judge's notes, the jury selection challenge sheet, the prosecutor's jury charge notes and the verdict sheet as exhibits.

Mr. Meyers was sentenced to 23 years to life on a first-degree murder conviction. The Appellate Division had affirmed the convictions, with Justice Whalen dissenting.