Court nixes Brentwood burglary conviction

ALBANY -- The state's highest court Tuesday overturned the burglary conviction of a Bay Shore man who claimed officials poisoned the jury by forcing him to appear in the courtroom in shackles.

In a 7-0 decision, the Court of Appeals ordered a new trial for Geraldo Cruz. The court said that although it is sometimes appropriate for a defendant to appear at trial in shackles, a Suffolk County judge failed to prove reason to do so. As a result, the fairness of Cruz's trial was undermined, the judges said.

"The use of leg irons was a violation of Cruz's constitutional rights," the judges wrote.

Cruz, 40, had been convicted of burglarizing a Brentwood home in 2007. Before that, he had been convicted of four felonies and four misdemeanors, court documents show. As a repeat offender, he received a 15-year sentence for the Brentwood burglary, according to the lawyer who represented his appeal, Kirk Brandt. Cruz is serving time at Green Haven Correctional Facility, a maximum-security prison in Dutchess County.

Brandt, a Legal Aid attorney, said he was pleased.

"A defendant is presumed innocent and is entitled to appear in court with the dignity of an innocent man. When leg shackles are placed on a defendant, it negates his presumption of innocence," Brandt said. "This informs trial judges that they must have justifiable reason for shackling a defendant."

"We are prepared to retry the case," countered Robert Clifford, spokesman for the Suffolk District Attorney's office.

Cruz is accused of breaking into a house on Winston Drive on Jan. 3, 2007, and was apprehended about a quarter mile from the residence, court records show. After being arrested, Cruz was held in jail on a parole violation.

Cruz appeared at trial in shackles. A bunting was placed around the defense table, but not the prosecution table. Suffolk County Judge Ralph Gazzillo said the jury would "never know anything about the shackles." Cruz's attorney at the time strenuously objected.

Gazzillo went on to say security staff recommended shackling. The restraints were removed before he testified. A jury convicted him of second-degree burglary and a midlevel appeals court affirmed.

But the state's highest court said Gazzillo's actions were improper.