A Brooklyn man accused of raping a woman while his accomplice held two others at knifepoint was sprung on supervised release this week on a technicality, The Post has learned.
Mohammed Izzeddin, 22 – who cops say raped a 49-year-old woman inside an unnamed business near Ninth Avenue and 59th Street in Borough Park on Dec. 23 – was let go Wednesday after a judge ruled that prosecutors didn’t file an indictment on time, law enforcement sources and Izzeddin’s lawyer said.
“He ruled that there was a violation, so he had no choice but to release him on [his own recognizance] or supervised release,” Izzeddin’s lawyer, Lance Lazzaro said.
“So he chose supervised release. His hands are tied at that point.”
The violation stems from Section 180.80 in New York State Criminal Procedure Law – which requires that the District Attorney’s Office file an indictment no later than six days after someone is placed in custody.
Lazzaro argued that the DA missed the deadline because the 180.80 countdown clock should have started earlier than it was initially set at his client’s arraignment – and Judge Christopher Robles agreed.
His client wasn’t formally charged until around 1 p.m. on Dec. 28, but the countdown should have started the day before – because Izzeddin was already in police custody at 3 a.m. that morning, the attorney said.
Whenever an arrest is made before 9 a.m. on a given date, the law states that the technical arrest date is the day before, which applies to this case, Lazzaro said.
Izzeddin suffered an apparent drug overdose inside his home around 3 a.m. on Dec. 28, and when EMS workers arrived a short time later, cops responded, too – because they realized Izzeddin had a warrant out for his arrest in connection to the rape, Lazzaro said.
Izzeddin was taken to the hospital, where he remained “cuffed the whole time,” and “then taken back to the 66th Precinct,” the attorney said, adding that his client “was never free to leave.”
Izzeddin was arraigned the next day, on Dec. 29, on charges of rape, burglary, robbery, assault and a sexually motivated felony, according to a criminal complaint.
His bail was set at $20,000 cash, $150,000 insured bond or $150,000 partially secured surety bond during that initial appearance.
All parties present at the arraignment – including Izzeddin’s then-attorney, Emily Davis of the Legal Aid Society, agreed that the 180.80 deadline was on Wednesday, according to a court transcript.
But when the indictment hadn’t been filed by Tuesday, Lazzaro – who had taken on Izzeddin’s case – argued the deadline hadn’t been met and his client needed to be released.
Judge Robles ruled in his favor, and the accused rapist was free to walk on supervised release until his next court appearance.
The state Office of Court Administration stood by the judge’s decision.
“There is no loophole in this matter,” spokesman Al Baker said in a statement.
“State law requires that defendants be indicted within the time prescribed by CPL section 180.80 if they are being detained with bail, as this defendant was.
“By all accounts the ordered bail would have remained in place on Jan. 3 if the defendant had been timely indicted as is required under the law.”
Former Manhattan prosecutor Daniel Bibb, who now works as a defense attorney said the whole issue comes down to “when that 180.80 clock starts.”
“If there’s an obvious delineation between start and stop, I think the prosecution gets the benefit,” he told The Post Friday.
He said the law is something that is applied across the board and has remained relatively unchanged for his 41 years in the business.
Still, the fact a person accused of a violent offense is allowed out on a technicality is concerning.
“On the rare occasion our dopey liberal criminal justice laws allow for a violent criminal to be detained and held with bail, we can’t be dropping the ball on procedural error,” City Council Member Joseph Borelli, who represents Staten Island’s South Shore, said Friday.
“The public will pay for the prosecutor’s error and the judge’s determination.”
Lazzaro said his client is not guilty.
“There was no rape,” he insisted. “There was absolutely no rape, and that’s going to be borne out when more things come to light.”
With additional reporting by Craig McCarthy
