Gun Trial Halted in Niagara County Amid Attorney Misconduct Concerns

Photo Credit Buffalo Toronto Public Media

A weapons possession trial in Niagara County was abruptly halted, and a mistrial declared, on Thursday after significant concerns were raised over the behavior of the defense attorney.

Niagara County Court Judge Caroline Wojtaszek issued the mistrial in the case of Isaiah E. Reed who was charged with 2nd-degree criminal possession of a weapon following an April 2023 arrest in Niagara Falls. The decision came after Reed requested a new attorney and his co-counsel said he could not continue representing Reed alone.

The center of the drama was defense attorney Louis C. Mussari who was removed from the case due to what the judge described as serious ethical and legal concerns. The controversy stems from Mussari's courtroom comments about a pretrial conversation he had with a key prosecution witness, which turned out was recorded. According to Judge Wojtaszek, Mussari’s account of the discussion did not align with the recording, raising the possibility that he may have attempted to improperly influence the witness.

In her remarks from the bench, Wojtaszek stated that any conduct that could be construed as witness tampering - a felony offense in New York - may be presented to the jury as evidence of a defendant’s “consciousness of guilt.” While the witness in question had only spent around 25 minutes on the stand, the implications of the incident were significant enough to derail the trial.

The judge concluded that Mussari's continued involvement would create either an actual or perceived conflict of interest, particularly since his personal conduct had become a focal point in the proceedings. She noted that he had "injected his own credibility into the trial," undermining his ability to continue as a neutral representative of his client’s interests.

Reed, now 21, was arrested after police discovered a firearm inside a bag in a vehicle during a traffic stop.

The case will resume once new counsel is secured. It remains to be seen whether Mussari’s conduct will trigger further disciplinary action under the Rules of Professional Conduct, which governs attorneys in New York, or criminally.

Gun Trial Halted in Niagara County Amid Attorney Misconduct Concerns