Saying ‘I don’t recall’ for 324 times for fairly simple questions!

A prominent Brooklyn prosecutor, forced to testify under oath about allegations that he had railroaded a possibly innocent man on a murder charge, consistently spoke some form of "I don't recall" -- a stunning 324 times -- for fairly simple details surrounding the case

For Jabbar Collins, the moment just after 9:35am on 21st June had been a long time coming. Collins had served 16 years in prison for a murder he says he didn’t commit. He’d won his freedom, and then sued the prosecutor responsible for what he insists was a wrongful conviction.

Now, inside the offices of the New York Bar Association, that prosecutor, Michael Vecchione, was going to be placed under oath and interrogated by Collins’ lawyer. Collins, who had become a paralegal since his release from prison, had a seat at the proceedings.

Everyone politely introduced themselves into the record.

And then Collins’ lawyer, who is seeking millions of dollars in damages, asked Vecchione if there was any medical or physical reason he could not testify to the best of his recollection.

“No,” Vecchione answered.

There was cause for Collins and his lawyer, Joel Rudin, to be eager about what might come next. Vecchione, in fighting Collins’ bid for freedom over the years, had asserted in a sworn affidavit that he had personally made every significant decision in the prosecution of Collins.

At 4:54 p.m., almost seven-and-a-half hours after Vecchione’s deposition began, a halt was called. A lot of ground had been covered. Rudin had won some concessions. But Collins and his lawyer were as exasperated as they were satisfied.

Vecchione, asked everything from the mundane to the momentous, had answered some version of “I don’t recall” scores of times. Rudin counted them up: 324.

“This is evasive contempt if it happened in front of a judge,” Rudin had asserted several hours into his interrogation.

This week, Rudin asked the federal judge overseeing Collins’ lawsuit to force Vecchione to do better. And he asked the judge to sanction Vecchione and the lawyers for New York City who are representing him if he fails to do so.

“Mr. Rudin appears to be unhappy with the answers Mr. Vecchione gave at his deposition, mainly because those answers undermine his client's claims in this case,” said Arthur Larkin, senior counsel for the New York City Law Department. “But Mr. Rudin's disappointment with the testimony does not warrant extending the deposition. We intend to oppose the application and will file our opposition papers today.”

The allegations against Vecchione are some of the most serious in the recent and troubling history of wrongful prosecutions. Vecchione is a senior official in the Brooklyn District Attorney’s office, chief of the office’s rackets division and a featured character in CBS’s television series, “Brooklyn DA.” Collins and his lawyer have accused him of intimidating witnesses and suborning perjury in his prosecution of Collins, and of having then worked to thwart Collins’ effort to challenge that conviction during his years in state prison. More than that, Collins and his lawyer have accused Vecchione’s boss, Brooklyn District Attorney Charles J. Hynes, of having overseen for years an office in which similar misconduct was not only tolerated but rewarded.

Hynes, who is campaigning to win a seventh term, has both stood by Vecchione and denied the claims that his office condoned misconduct. Vecchione, at every turn, including during his sworn testimony last month, has insisted he did nothing wrong.

Certainly, witnesses invoking the “I don’t recall” response during depositions is a familiar phenomenon. And it can be anything from an honest statement to a prudent legal strategy to an outright lie. Bill Clinton, deposed in a sex harassment lawsuit years ago, offered his fair share of “I don’t recalls,” although conventional wisdom was that Clinton, ever the over-sharer, might have done well to have invoked the answer even more often. And the rapper Lil Wayne’s videotaped deposition in a legal dispute was so entertainingly full of “I don’t recalls” that it became a YouTube sensation.

Vecchione’s inability to recall things began early in his deposition and continued until its end. He could not recall some fairly basic things about how the Brooklyn district attorney’s office was run; he could not recall if Hynes, his boss, had ever discussed with him the allegations of misconduct made by Collins in his $150 million lawsuit; he couldn’t recall if he’d ever received formal training in the rules regarding what prosecutors were obligated to turn over to defense lawyers; he couldn’t recall how long the romance he’d had with his fellow prosecutor on the Collins case had lasted.

Nor could he recall the details of perhaps his most famous prosecutorial victory – the conviction of Clarence Norman, the Brooklyn political kingpin.

Rudin did not ask Vecchione about Norman by accident.

One of the allegations made in the Collins lawsuit involves what Rudin asserts was Vecchione’s practice of having someone else sign his sworn affidavits – for subpoenas or other kinds of orders or legal work. Doing so could be considered a crime. Vecchione has denied he authorized people to do so, but during Rudin’s examination, he could not account for repeated examples in which he acknowledged sworn affidavits bearing his name were signed by someone else.

To wit, Clarence Norman.

“Who is Clarence Norman?” Rudin asked Vecchione.

“He is a former assemblyman and former head of the democratic party in Brooklyn,” Vecchione answered.

“And did you handle his prosecution?” Rudin asked.

“I did,” Vecchione said. “Prosecutions. There were four.”

“And was he charged with, among other things, the filing of a false public document?” Rudin asked.

“I don’t recall,” Vecchione answered.

“You don’t recall what he was charged with?” Rudin asked.

“I recall some of the things he was charged with in general, but I don’t,” Vecchione started to answer.

“Do you recall whether or not he was charged with the crime of filing a false public document?” Rudin persisted.

“I don’t recall,” Vecchione maintained.

Rudin then produced one of a number of documents that Vecchione, during his time in the district attorney’s office, had sworn out under penalty of perjury. Vecchione agreed that the signature on the document was not his.

“During 1995 were you aware whether or not anyone employed by the Brooklyn District Attorney’s office had ever signed your name to either an affirmation or an affidavit that was submitted to court?” Rudin then asked.

“I don’t recall,” Vecchione said.

For Rudin, Vecchione’s most frustrating inability to recall things involved his sworn claim made years ago about his handling of the Collins case. In 2006, Collins, in large part as a result of his own intrepid work from prison, had mounted an appeal of his murder conviction. The Brooklyn District Attorney’s office had to respond, and as part of that response, Vecchione, as the senior prosecutor on the Collins case, swore out an affidavit.

The affidavit ran to seven pages. It was a point-by-point rebuttal of Collins’ claims of misconduct.

“As the lead prosecutor, I and I alone determined the course of our investigation and the manner in which the trial was conducted,” Vecchione said.

And his memory, he said, was sharp.

“Although I tried this case in March 1995, more than 11 years ago, I still have a clear recollection of it,” he said.

Seven years later, and despite 17 hours of prep work with city lawyers, Vecchione seemed to say his memory had suffered.

He couldn’t remember if he’d ever interviewed any other possible suspects in the case. He couldn’t remember if he’d ever interviewed an alleged key member of the group that plotted the robbery that led to the murder. He couldn’t remember if he’d ever interviewed any of Collins’ alibi witnesses.

Indeed, Vecchione said he couldn’t recall whether he’d actually prepared the affidavit refuting Collins’ allegations or someone else had. And he said he couldn’t recall if he had ever meaningfully reviewed critical aspects of the case with the person in his office responding to Collins’ legal challenges.

In the end, the record of Vecchione’s testimony ran to 354 pages. The final exchange with him involved potentially sensitive office emails concerning the Collins case. Vecchione could not remember much about them. Indeed, his final answer, after more than seven hours of questioning was, “I don’t recall it.”

Eleven days later, Rudin filed papers in federal court. He asked for more time to question Vecchione. And he asked that Vecchione be punished if the additional questioning went much as the initial seven hours had. Of Vecchione’s failure to recollect, Rudin wrote:

“He has the right to claim that if it’s true, but his testimony went further in its deliberate evasiveness, and should not be tolerated.”

Update (7/10): At a hearing on Tuesday, Brooklyn Federal Magistrate Judge Robert Levy granted Rudin’s request to question Vecchione for three additional hours in the second round of his deposition.



Power from Kudankulam – relief to Southern Sisters!

The strike in Neyveli Lignite plant is still going on causing havoc in the power production and distribution in Tamil Nadu. Fortunately, the Kudankulam Nuclear Power Plant has gone critical and is likely to generate power and supply to the Southern grid, but starting with supplies to Tamil Nadu

It has taken quarter of a century to fulfil the dream of former Prime Minister Rajiv Gandhi when he signed an agreement with President Mikhail Gorbachev of USSR to set up a nuclear power plant at Kudankulam in Tamil Nadu, where Soviet Union was to supply the necessary reactor and the fuel to run the plant.


With the collapse of the Soviet Union, the Project got derailed. Around this time, India had also stood its ground in refusing to sign the Nuclear Non-Proliferation Treaty (NPT).  Pressure from the US and sanctions on India after the Pokhran tests only delayed this project further.


However, inspite of the USSR collapse, Russia stood by India and finally in 2001 it signed a memorandum of understanding (MoU) to set up the 2000 MW Kudankulam Nuclear Project.  A few months later, the work began.


And it has taken a little more than a decade to complete the project when agitation started as a sequel to the Fukushima disaster in Japan, with the public being supported by various parties.


Over the next two months, the first of two units of 1000 MW each will start pumping electricity into the Southern Grid.  As the home state for the nuclear plant, Tamil Nadu will get 460 MW of power, though there is demand that the entire power generated be given to that state. When the nuclear power plant gets fully operational, three other southern sisters will get the balance power.  For the time being, it is conservatively estimated that Kudankulam will be able to attain a 90% capacity, and eventually, Tamil Nadu's share will be 960 MW of power.


Once the power flows into the system, it is expected that this agitation will also die down.


All the southern states have experienced power shortages on a regular basis, with several hours of load-shedding being the norm of the day.  Power companies have had to incur substantial loss when they buy power from the open market. As the tariff for the consumer is fixed, they do not have much choice in the past.  However, with the commencement of power supply from Kudankulam, it is expected that the power tariff will come down to around Rs3 per kWhr as against more than Rs5 at present.


The Kudankulam plant went critical last week, and the power flow is expected by the end of this month. Commercial production is expected to start in about 45 days as this much time is required to ensure that all the equipments are functioning in the designed and expected manner.


Press reports indicate that work on Unit-I has been satisfactory so far based on the various tests carried out.  In the meantime, work on Unit-II is also on schedule where dummy fuel loading is going on at the moment.  If the work continues smoothly, like the first Unit, it is expected that the 2nd Unit will also be commissioned over the next six-eight months.


It is expected that official inauguration of the Kudankulam project may be in the middle of August to coincide with the Independence Day, though no details have been officially announced.


It may be borne in mind that the Southern Grid is not linked to the National Power grid so far, but which has been planned for the next year. Kudankulam will cover the void until this happens.


(AK Ramdas has worked with the Engineering Export Promotion Council of the ministry of commerce and was associated with various committees of the Council. His international career took him to places like Beirut, Kuwait and Dubai at a time when these were small trading outposts; and later to the US.)



Arjun Rajpati

3 years ago

completly a waste of our money. This plant is not safe. Uses substandard materials and technology by our inept engineers. Radiation in case of an accident could destroy the enitre south and make it completly inhospitable to live on


3 years ago

Our country is in a hurry to build more and more nuclear power plants, having least concern for the safety of the environment and humans. No doubt our country is in a need of energy but human security is also at risk by developing plants without the consideration of safety measures. Spending so much on plants, a little should also be given to upsurge the hunger of our people.


3 years ago

If Plant has been operated then government should adopt the policy to fully securee the surrounding areas and people in that area as many cases has been happened in the past due to improper safety and security measures while operating the plant. And one more thing If our govt get a chance to take up the issues of floods, health issues, malnourishment then it would be a kind initiative on our govt part.

sharmila kunand

3 years ago

What about the people living nearby areas. Already seismological surveys have alarmed the government regarding the sensitiveness of the region. If still it runs then we should prepare ourselves to Fukushima like accident.


3 years ago

Complete agree with this: First they do not want the plant to happen. Post it starting the they want more of the production. What type of people are we. We are facing bad time of poverty in our country and now the flood why govt dnt think on these lines


3 years ago

The article by A.K. Ramdas is well written and accurate to the extent I know. Incidentally, I wish to share that actually, I was also reading an interesting article related to nuclear power (, which also mentions that in various countries the cost of nuclear power is being reduced by research and innovative designs. The safety standards are relatively very very high in nuclear field, it is realized and pointed out. Nuclear energy is one of the viable options in India's energy-mix, with or without collaborations. India's Human Development Index will increase with increased production and non-wasteful use of energy.

As a citizen, I only wish that we apply similar safety standards in other areas to avoid unsafe (read pot holes) situations in our roads, improved health care, in adulteration of food products, in traffic safety and in ensuring safety during monsoons (read connecting all rivers in India).
Prof. S. Ganesan


3 years ago

First they do not want the plant to happen. Post it starting the they want more of the production. What type of people are we?

R Balakrishnan

3 years ago

Wonder if that Udaya Kumar and his Church financiers can be put behind bars for life for delaying this project by raising frivolous objections.



In Reply to R Balakrishnan 3 years ago

No nothing like that is going to happen. Even Jaya supports muslims and Christians and the hindus left with no supporters in India

UPA govt’s FDI liberalisation move: Too little, too late
While the UPA government is trying to put up a brave show on the FDI front, the bottom-line of India Inc shows a pathetic picture. The current economic situation is so bad that there is not even an elbow room for the RBI to cut interest rates and for the government to embark on large-scale policy stimulus
Worried over the falling rupee, capital outflows and the sagging morale of foreign institutional investors (FIIs), the Manmohan Singh-led United Progressive Alliance (UPA) government has announced liberalization of foreign direct investment (FDI) caps in 13 sectors. In addition to hiking FDI limits in some sectors, the government has changed the FDI route to the automatic route. This means only a notification to the Reserve Bank of India (RBI) is required for the FDI as against the earlier route of requiring approval from the Foreign Investment Promotion Board (FIPB). For eight of the 13 sectors, the government has changed the FDI route to automatic, and for four sectors, it has liberalised the cap.
The latest announcement on increasing FDI in insurance is nothing but a reiteration of an earlier move. Last year the Cabinet approved hiking FDI limit in insurance to 49% but the proposal is still awaiting Parliament’s nod.
According to Morgan Stanley, liberalization of FDI caps is another small measure by the government to support the investment sentiment for investors. “With high current account deficit-CAD (4.8% of GDP in FY2013) and real short-term interest rates (on CPI) close to zero, the currency has been under severe pressure since the US Fed relayed its decision to taper quantitative easing in the second half of the calendar year," it said.
Nomura Research, on the other hand feels that these measures, apart from boosting near-term sentiment, are medium-term positive as they will help attract stable long-term capital inflows. “However, we doubt there will be any significant impact on flows this year,” Nomura said.
In the last two fiscals, contrary to the economic theory, despite rupee depreciation, India's exports have suffered because of the lack of global demand and a virtual halt of iron ore exports. Simultaneously, the import of coal, crude oil and gold has increased. While some of these shocks are exogenous to India, domestic issues have also aggravated the currency depreciation.
While the UPA government is trying to put up a brave show on the FDI front, the bottomline of India Inc shows a pathetic picture. India Ratings & Research (Ind-Ra) said it believes the current business environment is more challenging and stressful than the conditions in 2001-2003 and second half of FY2009. The current economic situation provides limited elbow room to the RBI to cut interest rates and for the UPA government to embark on large-scale policy stimulus. 
According to Ind-Ra credit metrics of BSE 500 corporates, excluding banking and financial services, have deteriorated to their lowest since FY2008. This is attributed to a steady rise is debt levels without a commensurate increase in cash margins. “Given the mounting economic stress, the credit metrics of such corporates are unlikely to show a significant improvement in FY14. With external liquidity likely to remain tight, corporates have to depend upon the strength of their own balance sheet as well as on their ability to generate free cash flows and maintain a liquidity cushion,” the ratings agency said.
Here are the measures announced by the Manmohan Singh government and its likely impact...
1. Allowing 100% foreign direct investment (FDI) in telecom from 75% currently
- The telecom sector is in doldrums. Several new entrants left the race due to dwindling finances and legal hurdles. Almost all brokerages are cautious on telecom given weakening growth outlook, regulatory uncertainty, sharp depreciation of rupee and entry of a new, powerful entrant—Reliance Industries (RIL). In this scenario, it would be difficult for new foreign investors in pour money in the telecom sector. It may help incumbents like Vodafone to get additional capital, though. The FDI inflow in the telecom sector would depend more on the regulatory environment than the change in the FDI route.
2. Increasing the cap on FDI in the defence sector to 49%, with approval from the Cabinet Committee on Security from 26% (via FIPB)
- When domestic manufacturers are finding it difficult to get clearances from the defence ministry, FIIs stand a miniscule chance to pass the litmus test of Cabinet Committee on Security 
3. FDI cap for power exchange was retained at 49% but brought under the automatic route
- This would help reduce the time for approval.
4. FDI (up to 49%) in petro refineries, stock exchanges and insurance to be through the automatic route
- This would help reduce the time for approval. Insurance will have to wait.
5. FDI cap for asset reconstruction companies raised to 100%, and through FIPB route beyond 49%
- This would help reduce the time for approval.
6. FDI in tea sector beyond 49% through FIPB route while the clause about divesting 26% to an Indian company in the first five years has been deleted
- A fragmented sector. No major inflows expected. Perhaps designed to help specific businessmen.
7. FDI in single brand up to 49% through the automatic route, beyond that through FIPB
- Retail sector is also laden with uncertain regulatory environment. However, the increase in FDI in single brand should see some new players entering the ever-lucrative Indian market 
8. FDI for credit information companies hiked to 74% from 49%, and in courier services 100% FDI limit will be allowed under the automatic route
- This can attract only small amounts of money  



nagesh kini

3 years ago

Extremely well put across very rightly -
too little, too late in time.
it tantamounts to locking the stable after the horse has bolted.
While FDI is one matter, FIBP and other procedures are time consuming - Bloomberg's list of the top 20 new investment destinations are now Nambia and Zambia! Not India!
It is well known that the so-called FII money is nothing but Indian black money stashed abroad legitimized via circuitous devious routes.

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