Day two in the trial of The People v. Isaish Reed ended much like day one, quicker than expected. Judge Caroline Wojtaszek adjourned day one of the trial after listening to a recorded conversation between defense attorney Louis Mussari and trial witness Frank Cooper Jr. this past Sunday.
The recorded phone call was brought to the judge’s attention by assistant district attorney’s Maria Stoelting and Amber Poulos. The judge elected to have this recording played in her chambers with both ADA’s and defense counsel present. After returning from the chambers, the judge opted to adjourn the trial for the day, claiming the phone call led to her “having very serious concerns”.
Mussari attempted to respond to the judge’s decision but was immediately stopped by Wojtaszek, firmly saying to Mussari “nothing out of you sir, nothing.”
This morning when the court returned from adjournment the judge blasted Mussari for what she called “gross misconduct”. Wojtaszek went on to say the assertions made by Mussari to the court were in “complete contrast to the actual recording.” The judge then read portions of the transcript of the phone call.
During the phone call, Mussari advised Cooper to testify in court that “he doesn’t remember what happened [the night of the arrest] or plead the fifth.”
“The DA has promised you’re not going to be prosecuted. I’m going to use that to make it look like they’re giving you a deal to testify,” read the transcript of the call.
Wojtaszek claimed this may be a violation of the Unified Court System Rules of Professional Conduct in which attorneys shall not “knowingly make a misstatement of fact,” however the judge did not officially remove Mussari as counsel to Reed. She instead advised Reed to consider seeking a different defense counsel.
Not everyone was a fan of the judge’s decision. Isaiah Reed’s mother was visibly upset. She had a loud and inaudible outburst that appeared directed toward the judge while walking out of the courtroom and continued with her outburst outside the courtroom.
Niagara County Legislator Jefferey Elder, who was in attendance for both days of the trial, believes Isaiah Reed has been treated unfairly throughout this entire process.
“It’s definitely not fair to Isaiah,” he said. “When I walked in that courtroom and I saw that tension between him, the lawyer, and the judge, I was like ‘something’s not right’ here.”
Elder also questioned how police handled the initial traffic stop.
“The thing was, the white driver [Frank Cooper Jr.] was not charged with anything, and Mr. Reed, however, was removed from the vehicle, arrested and charged with possession of a weapon,” said Elder. “And then come to find out, the DNA evidence doesn't even link him to this to this weapon. So, you know, this is a troubling disparity, and I think that it needs more attention.”
Elder went on to describe his displeasure of Mussari’s phone call discussion.
“It does not look good at all. Ethics is our main thing, and we have to abide by those ethics, and whenever you cross that line, you have to deal with that,” the legislator said.
Mussari declined BTPM NPR’s interview request.
Isaiah Reed was arrested in Niagara Falls, April 26, 2023, for alleged criminal possession of a weapon, after police recovered a bag that contained a firearm inside a vehicle Reed was a passenger in. Frank Cooper Jr., the driver of the car, has not been charged with anything.
Both parties will be back in court Thursday afternoon when Reed is expected to have a decision about what he wants to do about his own legal representation. The jury trial is expected to continue at 10 a.m. on Friday.
