New York state appeals court overturns conviction of Annmarie Drago in death of anti-gang activist Evelyn Rodriguez
CENTRAL ISLIP, N.Y. -- A state appeals court has overturned the conviction of Annmarie Drago, the driver who struck and killed anti-gang activist Evelyn Rodriguez in 2018.
Drago was convicted in 2020.
Wednesday, the court ruled the prosecutor made improper comments during jury summation.
The decision cited confusing language to suggest that Drago intentionally struck Rodriguez and that continually calling Rodriguez "the grieving mother" evoked sympathy.
Rodriguez was killed while confronting Drago about her having dismantled a memorial for Rodriguez's murdered daughter.
The Suffolk District Attorney's office says it will determine if a new trial will be held.
Drago was free pending the appeal.
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