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Gregory Thayer, from the town of Ulster, is suing local defense attorney Andrew Kossover for allegedly failing to inform his defense team about a secret meeting with a judge's law clerk. Thayer, accused of killing his best friend Bruce Swierc in 2021, claims this omission led to his conviction and cost his sister over $2 million in legal fees and other expenses.
The lawsuit, filed in state Supreme Court on January 29, accuses Kossover of breaching his fiduciary duty and contract with Thayer. According to the complaint, Kossover did not disclose a meeting with Judge Bryan Rounds' law clerk, which Thayer's team argues was crucial information for his defense. Kossover has not yet responded to the lawsuit, and calls to his office have gone unanswered.
Thayer was initially convicted of first-degree manslaughter for shooting Swierc after a night of drinking and drug use. The defense argued that Thayer had a psychotic break, believing Swierc was an intruder. Judge Rounds ruled that Thayer suffered from "extreme emotional disturbance," leading to a 25-year prison sentence. However, the conviction was overturned, and a new trial was ordered after it was revealed that Kossover had a private conversation with the law clerk.
The Ulster County District Attorney, Emmanuel Nneji, is appealing the decision to grant a new trial. Nneji argues that justice should not be compromised due to the actions of a defense attorney. Meanwhile, Thayer remains in custody awaiting a new trial date.
The lawsuit seeks reimbursement for legal costs and additional damages. Thayer's attorneys claim that Kossover's actions were unethical and violated judiciary law. The case highlights ongoing legal challenges and questions about the integrity of the judicial process in Ulster County.