In the News
The Appellate Division, Fourth Department, last month affirmed State Supreme Court Justice Paul Wojtaszek's August 2023 decision to vacate the convictions of Brian Scott Lorenz and James Pugh. A jury convicted Lorenz and Pugh in 1994 of murdering Deborah Meindl, 33, in her home on Franklin Street in the City of Tonawanda in February 1993. The District Attorney's Office plans to submit an application for leave to appeal to the Court of Appeals. In court, prosecutors said they are "definitely retrying" the case. Zachary Margulis-Ohnuma responded that they are either “bluffing or seriously misguided.” Read more here.
James Pugh, Mr. Lorenz’s co-defendant, was released on parole in 2019. But the trial judge and an appellate judge in Rochester refused to intervene to release Mr. Lorenz pending another possible trial. In late June, his lawyers asked the chief judge of the Court of Appeals, New York’s highest court, to intervene. A spokesman said the court would “decide the motion at a future session.”
Ilann Maazel, one of Mr. Lorenz’s lawyers, called his client’s continued imprisonment a “Kafkaesque nightmare” that is “intolerable, unconstitutional and wrong.” Read more here.
During trial, Zachary Margulis-Ohnuma portrayed Mr. Wang as a gregarious academic with nothing to hide.
“In general, fair to say he was very open and talkative with you, right?” the defense attorney Zachary Margulis-Ohnuma asked an undercover agent who approached Wang in 2021 under the guise of being affiliated with the Chinese security ministry. “He was,” said the agent, who testified under a pseudonym.
Read more here.
Wang and his defense did not deny that he communicated with the Chinese agents, but said his communication was largely benign, and did not contain sensitive information. “I think we showed pretty effectively at the trial that what he was doing … did no harm to the United States or to anyone here, said Wang’s attorney Zachary Margulis-Ohnuma. “I stand by what he said, that he’s pro-democracy and against the Chinese government,” he said. Read more here.
Outside the courthouse, principal attorney Zachary Margulis-Ohnuma said that he respected the verdict but did not believe Mr. Wang acted will ill intent. “He certainly didn’t mean to hurt anyone. He spent his life fighting the communist regime and, you know, life is complicated.” Read more here.
"He's devoted his life to promoting a free democratic china through peaceful means," he said in his opening statement to the jury, "It was for democracy - it was not as an agent of the Chinese government." Read more here.
Attorney Zachary Margulis-Ohnuma explains that the government continues to stall on discovery disclosure. Read more here.
Attorney Zachary Margulis-Ohnuma was asked to comment on sex offender registry levels and how they relate to the arrest of a Rochester man. Read more here.
“A program that institutionalizes lawbreaking by authorizing DEA agents and informants to violate foreign laws,” he said, “does little to stop drugs from coming into the U.S. while undermining the integrity of the DEA and the reputation of America abroad.” Read more here.
“During the lineup, I heard Det. Biesel tell the witness he was going to ask her three questions. As he spoke, he emphasized the number three as though to signal that she should pick number three, which was the placard I was holding,” Alston said. Read more here.
Zachary Margulis-Ohnuma, Carvajal’s lawyer, denied the allegation against Carvajal. “The government is wrong: General Carvahal had nothing to do with corporate decisions at Citgo and never met Luis Marin until years later.” Read more here.
“The prosecutors seem to allege in their motion papers that General Carvajal and an unnamed drug trafficker ‘arranged the rise’ of Luis Marin to CEO of Citgo in 2004, but one page later they refer to the same person becoming CEO after a meeting with drug traffickers in 2005. Either way, the government is wrong. General Carvajal had nothing to do with corporate decisions at Citgo and never met Luis Marin until years later.” Read more here.
“The rise in violence is completely separate from bail reform and blaming bail for the safety problems we have makes us less safe, because it makes us less likely to confront the actual causes of this increase in violence,” Tess Cohen. Read the full article here
Nearly 30 years after a jury found him guilty of the vicious murder of a young mother in the upstate New York town of Tonawanda, James Pugh’s murder conviction has been reversed. His attorney Zachary Margulis-Ohnuma told the Associated Press that Mr. Pugh, is “no longer a convicted murderer and he can get on with his life.” The case involved allegations that the real killer was notorious Dannemora escapee Richard Matt — along with the detective whose ”investigation” led to Mr. Pugh’s false conviction. Read the full article here.
Erie County Supreme Court Justice Paul Wojtaszek has set aside the murder convictions of Brian Scott Lorenzo and James Pugh in the grisly 1993 slaying of Deborah Meindl, a 31-year-old mother of two in Tonawanda, New York. Mr. Pugh’s attorney, Zachary Margulis-Ohnuma, told the New York Times that Wednesday was a wonderful day for his client: “Jimmy can finally get on with his life without the weight of a false conviction hanging over his head. His story should inspire others to keep fighting for justice and strike fear in the hearts of corrupt police and prosecutors who think they can get away with framing innocent people.” Read the full article here.
Speaking outside court, ZMO Law principal attorney Zachary Margulis-Ohnuma portrayed the U.S. prosecution of Gen. Hugo Carvajal as unlike any other, saying he had not been informed of any evidence such as text messages, emails, wiretapped conversations, prison-call recordings, surveillance video or physical evidence linked to his client. “General Carvajal looks forward to fighting these outrageous charges in court before an unbiased American jury,” he said. Read the full article here.
A day after his extradition from Spain, former Venezuelan spy leader and longtime adviser to the country’s late president Hugo Chávez pleaded not guilty in a New York courtroom to decade-old drug trafficking charges. Hugo Carvajal agreed during an initial appearance in Manhattan federal court to remain behind bars while his lawyers prepare a bail proposal to present to the judge. Outside court, his attorney Zachary Margulis, had plenty to say about his client: watch the video here.
A prominent Venezuelan leader close to the country’s late president Hugo Chávez was extradited to New York from Spain to face decade-old drug trafficking charges. Retired Maj. Gen. Hugo Carvajal will enter a not guilty plea at his initial appearance Thursday in Manhattan federal court, his lawyer, Zachary Margulis-Ohnuma, told The Associated Press. Read the full article here.
Speaking outside the Southern District of New York courthouse, Zachary Margulis-Ohnuma, the attorney for retired General Hugo Carvajal, told reporters that his client is "categorically innocent" of narco-terrorism charges. Carvajal, 63, was extradited from Spain on Wednesday after more than ten years’ effort by U.S. prosecutors to bring him to New York to face charges. Read the full article here.
ZMO Law client Felipe Rodriguez, who recently won a $10 million dollar settlement from the City of New York, is continuing his fight for justice after wrongfully serving 27 years in prison. ABC Channel 7 recently highlighted Rodriguez's lawsuit against two former Long Island Railroad detectives and interviewed Zachary Marguils-Ohnuma about the case. Watch the video here.
Principal attorney Zachary Margulis-Ohnuma spoke with New York Law Journal about the defamation lawsuit against Fox News. "The factual finding of the summary judgment could have a preclusive effect," he explained. "I would think you could march into a Manhattan court and say a Delaware court found this is nonsense, and a judge would find that persuasive if not collateral-estoppel preclusive." Read the full article here.
In an op-ed piece for the NY Daily News, ZMO Law attorney Tess Cohen discussed the newly proposed Treatment Not Jail Act. With experience as both an assistant district attorney and defense attorney, Cohen offers unique insight into the failings of our current systems, and how providing avenues for treatment and support are critical to reducing crime and improving lives. Read the full article here.
In an exclusive Reuters article about Sam Bankman-Fried's extradition, attorney Zachary Margulis-Ohnuma provided his insight into the case's possible future. Read the full article here.
State Supreme Court judge Diane J. Kiesel reluctantly dismissed murder charges against domestic abuse survivor Tracy McCarter, while criticizing Manhattan District Attorney Alvin Bragg, suggesting he gave in to political pressure. ZMO Law attorney, Tess Cohen, who worked on McCarter's pro bono legal team, told the NY Times, "While I disagree with some of the reasoning in the decision, we are of course relieved that the case has been dismissed and that Ms. McCarter can begin to go on with her life." Read the full article here.
How did Tracy McCarter get her murder charges dismissed after fighting for nearly three years? Reuters takes you inside how the all-star pro bono legal team came together. ZMO Law attorney Tess Cohen, a former state prosecutor and trial lawyer, played a crucial role. Read the full article here.
The New York Times recently interviewed ZMO Law PLLC principal attorney Zachary Margulis-Ohnuma and our client, Felipe Rodriguez, for their recent report on companies that offer cash advances to newly released people hoping for settlements after being wrongly incarcerated. These advances often exceed the normal interest cap of 25%, with most averaging 33% per year. Mr. Rodriguez shared that, upon release, a fellow exoneree gave him a phone number and a recommendation. “He said, ‘You’re exonerated now and you’re waiting on your lawsuit and you’re going to need a loan because you have nothing,’” Mr. Rodriguez, now 57, recalled. “I took it. I had no choice.” Read the full article here.
The former chief of military intelligence for Venezuela, Hugo “El Pollo” Carvajal, hires an American lawyer: “His name is Zachary Margulis-Ohnuma and he has led famous trials involving clients accused of gun possession, drug trafficking, fraud, child pornography, theft, terrorism, civil rights violations and other crimes.” Read the full article here.
Activists rallied to demand the Manhattan District Attorney's office drop the murder case against ZMO Law client Tracy McCarter. Frustrated supporters pointed to DA Alvin Bragg's campaign promise to help domestic violence victims. “The lie being floated by the Manhattan DA office is that ‘they’ve done all they can do, they’ve offered a plea, they tried to drop the murder charge and it’s the judge that is making the situation difficult, not their office’ and we know that’s a lie,” said Samah Sisay, a member of Survived and Punished NY. Comedienne Amy Schumer also tweeted her support of Tracy. Read the full article here.
Principal attorney Zachary Margulis-Ohnuma argued in the Second Circuit Court of Appeals that our client was unfairly convicted of a 2009 homicide in federal court because his trial lawyer failed him "at every turn." Listen to the complete audio recording here.
Principal attorney Zachary Margulis-Ohnuma has made the New York Metro Super Lawyers list every year since 2013. This year, the magazine explored how he went from investigative reporter to criminal and civil rights attorney. Read the article here.