Judge Properly Questioned Witness at Trial to Clarify Insurance Fraud Allegations

Conviction For Insurance Fraud Affirmed

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Melbourne Reid appealed from a judgment of the Supreme Court, Queens County (Ira H. Margulis, J.), rendered April 20, 2018, convicting him of falsifying business records in the first degree, offering a false instrument for filing in the first degree, making a punishable false written statement (two counts), criminal mischief in the fourth degree, and falsely reporting an incident in the third degree, all relating to an insurance fraud attempt, upon a jury verdict, and imposing sentence. In The People of the State of New York v. Melbourne Reid, No. 2021-05593, Ind. No. 1076/17, Supreme Court of New York, Second Department (October 13, 2021) the appellate court disposed of the appeal quickly.
Was Defendant Deprived of His Right to a Fair Trial by the Court’s Questioning of a trial Witness?

Contrary to the defendant’s contention, he was not deprived of his right to a fair trial by the Supreme Court’s participation in questioning the trial witnesses. The trial court has a vital role in clarifying confusing testimony and facilitating the orderly and expeditious progress of the trial (People v Yut Wai Tom, 53 N.Y.2d 44, 57; see People v Jamison, 47 N.Y.2d 882, 883-884; People v Moulton, 43 N.Y.2d 944; People v De Jesus, 42 N.Y.2d 519).

When it clearly appears to the judge that for one reason or another the case is not being presented intelligibly to the jury, the judge may, by questions to a witness, elicit relevant and important facts, and may interrogate a witness after a cross-examination that appears to be misleading to the jury. The overarching principle restraining the court’s discretion is that it is the function of the judge to protect the record at trial, not to make it.

The conduct of the court must be measured both qualitatively and quantitatively. Rather, the record as a whole demonstrates that the court was impartial and not biased against the defendant.

ZALMA OPINION

People who work to defraud an insurance company, like Mr. Reid, who falsified multiple documents in an attempt to defraud his insurer, simply refuse to accept the fact that they were caught and continue to use, and misuse the courts, to defeat the fact that a jury of his peers found him guilty. Judges do not wear gags. They can, and must, ask questions if a witness responses or lack of responses confuse the jury. Reid tried to use legitimate questions by the trial judge to a witness to avoid his sentence. He will spend time in the grey bar hotel.

© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders.

He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business.

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He is available at http://www.zalma.com and zalma@zalma.com. Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award. Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.

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