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A New York man who pleaded guilty to drug charges following a 2018 arrest has had his plea tossed out by a judge after bodycam footage revealed an NYPD officer planted drugs in the car in which he was pulled over.
Defendant Jason Serrano was charged with drug possession, resisting arrest and obstructing governmental administration following an NYPD traffic stop. He pleaded guilty to the resisting arrest charge in order to avoid going to the notorious Rikers Island prison.
At the time of his plea in 2018, Serrano was unaware of the bodycam footage, which shows officer Kyle Erickson sprinkling what appears to be marijuana into the car's cupholder.
See the moment below at the 7:30 mark.
The Staten Island District Attorney's Office chose not to turn those records over to Serrano's attorney, Marion Elizabeth Campbell of the Legal Aid Society, and only gave Campbell the bodycam footage after Serrano had already pleaded guilty.
Speaking to media, Campbell said she was "thrilled" Judge Tamiko Amaker finally did the right thing.
"We're thrilled that the court has finally recognized that Jason Serrano's rights were violated when he was arrested, when evidence was planted on him, and then when he was prosecuted without disclosure of any of that information."
"It's the least they could do. And what they should really do, and what might actually restore some faith in the system, is prosecute Erickson and Pastran."
On Twitter, people were appalled by the miscarriage of justice Serrano faced.
Cop PLANTED evidence.
DA did not turn over the video showing the cop planted evidence.
A man was forced into taking a guilty plea to avoid Rikers Island.
The conviction has now been overturned.
But make no mistake, this is not justice. It cannot undo the damage. https://t.co/mr7UX5TMDW
— Eliza Orlins (@elizaorlins) November 1, 2021
Why aren't they facing criminal conspiracy, kidnapping, etc charges?
— Gopjail (@gopjail) November 1, 2021
The Officers and prosecutors perpetrating this fraud still going to work today though? Right. https://t.co/fZprsSovLw
— Luimbe (@luimbe) November 2, 2021
People always talk about how much crime we commit, but never about how those crimes are usually a bunch of made up charges.
— KryptΩ_Que 📈 (@RealCryptoQue) November 1, 2021
The state will falsify evidence, raid your home, and take your money, your freedom, and possibly your life. Kids, house, job, savings...all can be stripped from you for possessing a plant.
Why do we allow state violence over #cannabis (or any drug) continue? https://t.co/xAJmuHwPjv
— Veterans Cannabis Coalition (@VetsCannaCoal) November 1, 2021
Law suit please!
— Political 🤔Hmmmm (@Politic85042640) November 1, 2021
Result should be jail time for the cops equal to what the defendant faced due to their actions
— ClutchYadi (@Clarkmeister1) November 1, 2021
Just imagine the cops pulling over, planting drugs in your car on camera, and then prosecutors never telling you about the footage so you'd take a plea deal to avoid jail. That's what happened to Jason Serrano on Staten Island. Cops lie all the time & prosecutors do too. https://t.co/x6WGVWgHyX
— Dyjuan Tatro (@DyjuanTatro) November 1, 2021
The US (in)justice system is fking disgusting. Jason Serrano had drugs planted on him by two corrupt cops Kyle Erickson and Elmer Pastran. He had been bullied into a guilty plea by being threatened with Riker's.https://t.co/lzGT4qFXdI
— Jenny Li (@jennyjenli) November 3, 2021
The NYPD has not responded to media inquiries about the Serrano case, but police department records obtained by Gothamist show no record of Erickson.
Pastran has been placed on military or extended leave.