During Case Of Harlem Man Killed By Cops Judge Blasts City Over Evidence Blunder

November 13, 2017

NY Post reports that the city’s handling of evidence in the case of a Harlem man fatally shot by cops is “unforgivable,” according to a federal judge.

After about four years of litigation, city officials said in a Nov. 3 court filing that clothing worn by Mohamed Bah — who cops shot on Sept. 25, 2012, in his home — had surfaced and was in NYPD custody.

Officials previously said the emotionally disturbed man’s garments were either tossed by the hospital or went to the funeral home with his remains.

The revelation came several days into the trial, after a city pathologist told city and Bah family lawyers in several phone calls it had been located — and its prior missing status was due to a vouchering mistake, court documents state.

“It is unforgivable to me that, either through malevolence or incompetence, this would not have been discovered,” Manhattan Federal Judge Kevin Castel said on Nov. 6, according to court transcripts the Daily News obtained.


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Castel also said “… I feel reasonably confident that this will be the last case where this takes place, because if there is a basis for sanctions, they will sting so hard that no one will do it again.”

Bah’s family brought the civil rights suit against the city over his death at the hands of police. Closing arguments are expected to begin Monday.

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