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BELL v. COUGHLIN

No. 89 Civ. 8408(MEL).

778 F.Supp. 164 (1991)

Herman BELL, Anthony Bottom and Albert Washington, Petitioners, v. Thomas A. COUGHLIN, III, Commissioner, New York State Department of Correctional Services; Louis Mann, Superintendent, Shawangunk Correctional Facility; Charles Scully, Superintendent, Greenhaven Correctional Facility; and Dominic Mantello, Superintendent, Wende Correctional Facility, Respondents.

United States District Court, S.D. New York.

As Amended December 4, 1991.

Attorney(s) appearing for the Case

Lawrence A. Vogelman, Barry C. Scheck and Ellen Yaroshefsky, Cardozo Criminal Law Clinic, assisted by Lawrence Reina, Lowell D. Kern, Andrew Weinstein, Mark Berman, Amy Gladstone, Law Graduates, Jedidiah Alpert, Law Student, New York City, and Brian Glick, New Rochelle, N.Y., Michael Spiegel and Judith M. Rosen, Dechert Price & Rhoads, New York City, for petitioners.

Robert M. Morgenthau, Dist. Atty. for New York County, New York City, for respondents; Mark Dwyer, Marc Frazier Scholl, Asst. Dist. Attys., of counsel.

LASKER, District Judge.

Herman Bell, Anthony Bottom, and Albert Washington were each convicted in New York State Supreme Court of two counts of murder in the first degree (former New York Penal Law §§ 125.25) for intentionally causing or intentionally aiding in the death of two New York City police officers, after a second trial,1 and on May 12, 1975, were sentenced to concurrent indeterminate prison terms of twenty-five years...

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