A mistrial was granted by the judge after a recorded phone call surfaced between the defense attorney and the prosecution's lead witness. Judge Caroline Wojtaszek called defense attorney Louis Mussari's actions "gross misconduct."
Isaiah Reed was arrested in Niagara Falls on 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, was not charged with anything.
The revelation of a recorded phone call between the prosecution’s witness Frank Cooper Jr. and Mussari this past Sunday has put into question concerns regarding ethics and witness tampering.
Mussari in the phone call 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.
The judge then eviscerated Mussari, describing his actions as “gross misconduct.” Further saying that what Mussari said in court compared to what was mentioned on the phone call are in “complete contrast”.
While explaining her decision, Wojtaszek alluded that criminal prosecution could be on the table for Mussari.
“The court finds that there is potential for conflicts…[Mussari’s] attempts to influence a witness is a criminal offense.”
The judge then apologized to the prosecution for an “immense amount of work” put to waste.
The trial now sits at a standstill until June 13, when both parties are expected to meet back in court. Reed will now search for a new defense counsel through the Niagara County Conflict Office, due to the potential of conflict in the Public Defender’s Office.
Maria Caldwell was in court today representing Reed from the conflict office but it is uncertain if she will remain as his counsel.
Mussari declined BTPM NPR’s request for comment.
