2008 Woodie Awards
Observer Reporter Cleared of all Charges
Lev D. Zilbermints
Issue date: 12/19/05 Section: News
The Observer reporter arrested on Sept. 1 at Newark Penn Station for disorderly conduct and interfering with the administration of the law was cleared of all charges in Newark's municipal court on Dec. 14.
The charges against Niki Shah were dismissed "for lack of prosecution" because the complaining witness, the cop who arrested Shah, failed to show up in court.
Shah was arrested Sept. 1 while covering a story for the Observer at Newark Penn Station.
The story was a fight that broke out between two people in the station.
Shah, 26, says he went to the station to take a train home. While he was there, the fight broke out and he took out his reporter's notebook and observed while New Jersey Transit police officers responded.
An officer, Allan Lee, saw Shah and asked him to move away.
Shah says he did move away, but the officer claims otherwise.
The officer reported that Shah then resisted arrest by pulling the officer's arm and by causing a "public annoyance and flailing his arms up and down and screaming."
Shah was arrested and charged with disorderly conduct and interfering with administration of the law.
Shah appeared in Newark Municipal Court Dec. 6 to enter his not guilty plea after months of the case being moved from municipal court to superior court and back again with no explanation or mailed notification.
On Dec. 6, Judge Diana E. Montes, sitting in Newark Municipal Court, set a Dec. 14 trial date.
When the prosecution failed to show up, Shah's defense made a motion to dismiss the case for lack of prosecution. Judge Montes granted the motion.
Shah was represented by attorney Bennet Zurofsky of the Law Offices of Reitman Parsonnet, P.C. in Newark, N.J.
Zurofsky was referred by the Student Press Law Center, a Virginia-based organization that offers free legal assistance to student media.
Zurofsky and associate Hilary Meyer worked on Shah's case pro bono.
According to Zurofsky, a case can be dismissed "if the complaining witness does not show up." The court is not interested in prosecuting a case if there are no witnesses, Zurofsky said.
The charges against Niki Shah were dismissed "for lack of prosecution" because the complaining witness, the cop who arrested Shah, failed to show up in court.
Shah was arrested Sept. 1 while covering a story for the Observer at Newark Penn Station.
The story was a fight that broke out between two people in the station.
Shah, 26, says he went to the station to take a train home. While he was there, the fight broke out and he took out his reporter's notebook and observed while New Jersey Transit police officers responded.
An officer, Allan Lee, saw Shah and asked him to move away.
Shah says he did move away, but the officer claims otherwise.
The officer reported that Shah then resisted arrest by pulling the officer's arm and by causing a "public annoyance and flailing his arms up and down and screaming."
Shah was arrested and charged with disorderly conduct and interfering with administration of the law.
Shah appeared in Newark Municipal Court Dec. 6 to enter his not guilty plea after months of the case being moved from municipal court to superior court and back again with no explanation or mailed notification.
On Dec. 6, Judge Diana E. Montes, sitting in Newark Municipal Court, set a Dec. 14 trial date.
When the prosecution failed to show up, Shah's defense made a motion to dismiss the case for lack of prosecution. Judge Montes granted the motion.
Shah was represented by attorney Bennet Zurofsky of the Law Offices of Reitman Parsonnet, P.C. in Newark, N.J.
Zurofsky was referred by the Student Press Law Center, a Virginia-based organization that offers free legal assistance to student media.
Zurofsky and associate Hilary Meyer worked on Shah's case pro bono.
According to Zurofsky, a case can be dismissed "if the complaining witness does not show up." The court is not interested in prosecuting a case if there are no witnesses, Zurofsky said.