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FIGHTING FOR JUSTICE


Eric Kleiner has been fighting for justice for over 25 years.  His  battle to protect constitutional rights began in the criminal justice system.  His work as a homicide attorney fine tuned his abilities as a crusader in criminal forensics. This vast experience and knowledge has led him on his relentless path to protect the innocent and the wronged in all areas of the justice system.

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FIGHTING FOR JUSTICE


Eric Kleiner has been fighting for justice for over 25 years.  His  battle to protect constitutional rights began in the criminal justice system.  His work as a homicide attorney fine tuned his abilities as a crusader in criminal forensics. This vast experience and knowledge has led him on his relentless path to protect the innocent and the wronged in all areas of the justice system.

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ERIC V. KLEINER


ERIC V. KLEINER


 
  • Licensed in New Jersey, New York, DC , New Jersey Federal District Court, Third Circuit US Court of Appeals, New York Southern District.

  • Graduate of Cardozo Law School and Barry Scheck Criminal Law Clinic.

  • Over 100 jury trial verdicts since 1987.

  • Legal Aid Society , Bronx, New York

  • Bergen County Public Defenders Office 1988- 1993

  • Started private firm 1993

  • Lecturer in capital murder and tampered evidence cases.

  • Death penalty certified trial, appellate and habeas corpus attorney.

  • Specializing in complex ballistics and forensic DNA, major crime and capital murder cases; habeas corpus and post conviction relief

  • Torts

    • Explosion and burn cases

    • Catastrophic Injury

    • Malicious prosecution

    • Prosecutorial misconduct

    • Employment discrimination and retaliation

      • NJCRA claims- State Civil Rights violations

      • NJLAD-discrimination and retaliation claims

      • CEPA - whistle blower claims

      • TITLE VII - Federal employment claims

  • Millions awarded in civil litigations

  • Member of NACDL

  • Member New York State Bar Association

  • 2019 National Trial Lawyers Top 100 NJ

 
 
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CASE HISTORY


CASE HISTORY


STATE V. NATHANIEL HARVEY- Long standing Capital case in the state of NewJersey.   Nate Harvey has been fighting  to prove his innocence for over 30 years.  Eric Kleiner got involved in the post conviction phase in 2000 with Mr. Harvey already on Death Row facing execution by lethal injection.  Eric's relentless work disclosed layers upon layers of police misconduct, gross ineffectiveness on the part of his previous attorneys and falsified  tampered forensic evidence.  Eric personally reviewed thousands of pages of archived files and transcripts and identified the actual third party whom committed the murder.  Eric fought to bring the case to the NJ Supreme Court where he was granted rights to do DNA testing on the forensic evidence post conviction.  Now after battling in the courts for 16 years and having completed 66 days of hearings and testimony, we are awaiting the judge's ruling on Habeas Corpus  to grant Mr. Harvey a dismissal of the charges or a new trial.  

3/12/2015  STATE V. HARVEY CAPITAL MURDER CONVICTION REVERSED!  POST CONVICTION  RELIEF/HABEAS CORPUS GRANTED!

4/8/2015 http://www.nj.com/politics/index.ssf/2015/04/judge_overturns_murder_conviction_of_nj_man_once_on_death_row.html#incart_river

12/26/2018 NEW JERSEY APPELLATE DIVISION AND THE NEW JERSEY SUPREME COURT BOTH AFFIRM THE ORDER TO CONDUCT A NEW TRIAL. NOT GUILTY PLEA ENTERED.

12/2/2020 MR. NATHANIEL HARVEY, 70 YEARS OF AGE DIES AWAITING NEW TRIAL. MR. KLEINER RELEASES PUBLIC STATEMENT THAT MR. HARVEY “DIED INNOCENT.”

https://www.nj.com/news/2020/12/former-death-row-inmate-dies-in-nj-prison-he-died-innocent-attorney-says.html

STATE V. JOSH POMPEY'- This case started with the prosecutors seeking the death penalty in a brutal double murder case.   The State had an avalanche of evidence against Pompey, including a confession and blood DNA evidence.  Eric produced evidence from several of the foremost experts in the country that the confession was false and the blood evidence against Pompey was the product of being planted by the police.  The trial court, fearing an acquittal, precluded all these experts from testifying.  Amazingly, despite the trappings of the Court Eric hung the jury as to Pompey's actual guilt.  This victory caused the prosecutors to abandon the death penalty.  In the re-trial  the trial court precluded almost all the defense experts from testifying and there was evidence of jury misconduct.  Now 17 years later on Habeas Corpus Eric has received new DNA results that potentially establish Pompey's innocence.  The matter is being litigated in the courts presently. Now as of 2021 Mr. Kleiner has advanced the case to the New Jersey Supreme Court armed with powerful DNA evidence further establishing a false confession, and proving that law enforcement directly tampered with the key evidence in the case.

STATE V. FRANKLIN KINCEY-  Eric Kleiner wins a "NOT GUILTY" verdict in a murder  trial.  Mr. Kincey  won his life back because of Eric's forensic experience with ballistics.  He was able to prove that Mr. Kincey could not have shot the off duty corrections officer.  Also, through the tireless work of Eric and his investigators, key witnesses were located and their testimony was also instrumental in the acquittals.  After the acquittal Eric and Mr. Kincey sued for malicious prosecution.

 ANTHONY CASTRONOVA  v BERGEN COUNTY -WINS CRIMINAL TRIAL COUNT for Detective  Castronova.  Castronova was falsely charged by the Bergen County Prosecutors office despite committing no crime of any kind. He was a victim of a political vendetta waged by the lawless and disreputable Bergen County Prosecutor John Molinelli.  Eric and Detective Castronova  arepursuing several civil actions and have defended the criminal actions in order to bring Molinelli to justice.  One criminal hung jury count remains and trial is scheduled for February of 2015.  FOUND NOT GUILTY MARCH 4, 2015  See articles:

http://bergendispatch.com/articles/35790422/Former-Haworth-Cop-Acquitted-Says-Prosecution-Was-Vendetta-By-Bergen-Prosecutor.aspx

http://bergendispatch.com/articles/35790703/Commentary-Attorney-Calls-On-Christie-To-Replace-Bergen-Prosecutor.aspx

http://www.northjersey.com/news/former-haworth-cop-acquitted-of-charge-he-lied-during-in-job-application-1.741604

Eric has consulted on countless actual innocence and/or potential actual innocence  homicide cases around the country. These include:

  •  California v. Kevin Cooper

  •  Florida v. Dr. Cyburs - assisted prosecution and Dr. Kevin Ballard

  •  Texas v. O'Dell Barnes

  •  House v. Bell (Tenn)

STATE V. NELSON- Death Penalty case.  Ericproved the prosecution falsified its ballistics evidence.  The state's charges were based on falsified ballistic results.  Worked with leading ballistic expert Peter Deforest and Dr. George Krivosta (Oklahoma bombing case expert) forcing the State  to abandon the capital murder charges because of our discoveries.  Client  later pled guilty to a lesser charge and got time served concurrent to federal gun charges.

STATE V. PENNINGTON (Habeas Corpus)- Capital Murder post conviction relief wherein  Eric successfully had the death sentence  commuted to a Life Sentence.

STATE V. DAVID JONES -Capital murder case  managed pre-indictment crime scene investigation. 

STATE V. AKINYELE, 1989: First attorney to discover that the New Jersey State Police (NJSP) was using a FBI sanctioned racially based drug courier profiling policy to target black motorists.  Approximately 10 plus ounces and highly processed cocaine was suppressed and case was dismissed under orders of Hon. Bruce Gaeta J.S.C..  This case led the way for other attorneys to fight against racist policies of the NJSP.

STATE V. RUSSEL KUTCHER : 1992 first degree kidnapping.  Defendant acquitted of all major charges. Defendant was facing approximately 50 years in jail and he was released shortly after the verdict.

STATE V. CURTIS YOUNG:  Defendant accused of shooting at a person.  Charges dismissed during trial.  

STATE V. JANG:  Defendant confessed to stabbing a business associate to death and he stole over $34,000.00 impersonating himself as the victim.  Eric had no defenses to offer and the defendant was facing life imprisonment for murder.  Eric amazingly convinced the jury to only find the defendant guilty of manslaughter.

REYES V. KIRKER : 8.2 million dollar recovery in explosion chemical burn case Reyes v Kirker industries. 

SALCEDO V. KALTECH et. als. : 6+ million dollar recovery in chemical explosion case in New York City. 

STATE OF NJ V. DS - Mahwah municipal court 2019- Second offense DWI dismissed based on Eric Kleiner’s investigation in conjunction with Hillstreet Investigations proved numerous flaws in the State’s case.

STATE OF NJ V. BA- BA was charged with criminal offenses including vehicular assault while driving while intoxicated in Middlesex County New Jersey. Mr. Kleiner’s client faced State Prison and an automatic forfeit of his longtime government position. Mr. Kleiner effectively proved that BA did not cause the accident, based largely on the testimony of the law firms in-house licensed private investigator Ronald O’Neil. Hillstreet Investigations backed up our team effort with crucial background information impeaching the credibility of the alleged victim. After a one month jury trial Eric Kleiner achieved a hung jury. This enabled BA to later retain his government job and to plead the case down to a low level motor vehicle offense.

STATE OF NJ V. BR- BR V. MUNICIPALITY- BR was falsely charged with a second degree assault in 2014. In 2015 Mr. Kleiner successfully produced exoneration evidence in the form of a video tape that proved BR never committed any crime. Mr. Kleiner proved that law enforcement attempted to suppress this evidence. UPDATE in 2021 Mr. Kleiner successfully vindicates his clients rights in a settled civil rights case. 

 STATE V. CM- WOODLAND PARK MUNICIPAL COURT- 2019- Eric Kleiner utilizing the testimony of DWI expert William Haggis of Hillstreet Investigations, achieved a full acquittal at trial for a 2nd offense DWI.

PEOPLE OF NEW YORK V. DN- 2019- Felony drug, weapons, VOP and DWI charges case resulted in no jail time and continued probation based on the investigative work of the Kleiner defense team. Additionally, Eric Kleiner was successful in retrieving significant portions of seized funds taken from DN at the time of his arrest.

STATE OF NEW JERSEY V. DIAZ- Government employee facing 10 years in jail for Medicaid fraud receives dismissal based on strength of Eric Kleiner’s legal arguments on November 2021.

USA V. HR AND STATE OF NEW JERSEY V. HR- Client was facing up to 50 years in federal and state prisons for white color crimes and first degree drug offenses in the New York Southern District Court and in New Jersey Superior Court. Case resulted in only 5 years in prison due to investigative work proving the large amount of drugs involved were in fact legal CBD and not THC marijuana. Eric Kleiner’s federal sentencing argument was instrumental in shaving several years off of the federal white color jail sentence.

STATE V. DUANE HOLMES- 2020- Eric Kleiner’s team is retained by alleged member of the infamous Tub Gang to defend Mr. Holmes on racketeering and related offenses in a highly publicized Bergen County New Jersey Case. In defense of Mr. Holmes, the law firm has uncovered proof of fourth amendment wiretap violations and other manufactured facts which in a 70+ page brief is pending before the Court.

STATE OF NEW JERSEY V. AI-2021- Defendant facing over 50 years in prison for kidnapping charges. Client was released from prison pending trial based on the hard work of Eric Kleiner.

STATE OF NEW JERSEY V. BITZAS- 2021- Eric Kleiner was hired to appeal various weapons convictions and an 11 year jail sentence from Bergen County New Jersey. Eric Kleiner successfully reversed all convictions on appeal before the NJ Appellate Division. Mr. Kleiner won the reversal by proving that the police falsified affidavits filed to support a search warrant. The client has been released from prison and a motion to suppress the evidence and dismiss the case are pending in the lower court after remand.