Pershing Park Case Attorney Tom Koger Explains Himself
As we reported just minutes ago, AG Peter Nickles has submitted his sworn statement to U.S. District Court Judge Emmet Sullivan regarding the missing evidence and discovery problems in a Pershing Park case.
With his statement comes the statements of other District lawyers attempting to explain the mishaps in the case. The main attorney for the District in this case, Tom Koger, directly addresses the deposition testimony of Sgt. Douglas Jones.
Jones had testified about the missing running resume documents. He had stated that there were at least 12 hard copies made as well as two electronic copies of the running resume. Koger tries to downplay Jones' sworn testimony; he states that Jones' testimony differs from that of his colleagues and supervisors:
"Jones' testimony is disputed by the declaration testimony of Trugman, Gaffigan, and Gaffigan's then administrative assistant, Cecelia Tilghman, who Jones recalled as having assisted him in putting copies in Gaffigan's office....Based on my long involvement in discovery in these matters, I am not aware of any evidence having been presented indicating that OGC ever received a copy of the September 27, 2002 JOCC Running Resume."
Koger then addresses the gaps in the radio tapes—if only to say that he has no idea why there are gaps if in fact there are any.
Koger states: "I am advised that the conflicting reports of whether and why gaps may exist in these recordings will be a focus of Mr. Nickles' investigation, as stated in his declaration."
Koger can't bring himself to admit that there are in fact problems with the radio dispatches—even at this late date, even after a police official admitted in a deposition that there were problems with the tapes.