BUFFALO, N.Y. (WKBW) — An Erie County District Attorney’s Office investigator found guilty of fabricating evidence in a prior role “resigned” from his current post Friday, the 7 News I-Team learned.
In May, a federal jury found Josue Ortiz, who spent 10 years in prison for a double homicide of which he was wrongly convicted, had his Fifth Amendment right to be free from self-incrimination violated by former Buffalo Police Detective Mark Stambach.
As a result, the City of Buffalo was on the hook for $5 million in compensatory damages and $1.5 million in punitive damages.
Despite the jury’s findings, Stambach continued to be employed by the Erie County District Attorney’s Office as a confidential criminal investigator with an annual salary of $75,654.
Following the 1963 U.S. Supreme Court case Brady v. Maryland, prosecutors must disclose evidence that would impeach the credibility of any government witnesses.
The I-Team discovered Stambach himself was placed on the district attorney's office “Brady List,” a list of law enforcement officers with adverse credibility findings, prior to his departure.
When questioned about the resignation of Stambach, a spokesperson for the Erie County District Attorney’s Office wrote, “our office cannot comment on personnel matters.”
