{"id":185937,"date":"2026-05-07T03:55:08","date_gmt":"2026-05-07T03:55:08","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-pa\/185937\/"},"modified":"2026-05-07T03:55:08","modified_gmt":"2026-05-07T03:55:08","slug":"retired-judge-urges-erie-county-to-not-settle-buffalo-5-cases","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-pa\/185937\/","title":{"rendered":"Retired judge urges Erie County to not settle &#8216;Buffalo 5&#8217; cases"},"content":{"rendered":"<p>A former prosecutor and retired State Supreme Court Justice Timothy Drury says the county had poor legal representation and should not settle &#8220;Buffalo 5&#8221; cases. <\/p>\n<p>ERIE COUNTY, N.Y. \u2014 Retired State Supreme Court Justice, and former assistant District Attorney, Timothy Drury is urging Erie County not to settle one of the &#8220;Buffalo 5&#8221; verdicts that are currently under appeal.<\/p>\n<p>Last year the estate of Darryl Boyd, as well as John Walker Jr. were <a href=\"https:\/\/www.wgrz.com\/article\/news\/local\/family-of-the-late-darryl-boyd-reacts-toverdict\/71-beb53944-662c-4932-9195-03e79975169b\" target=\"_blank\" rel=\"noopener noreferrer nofollow\">awarded a collective $108 million<\/a> for their wrongful conviction related to the murder of William Crawford in 1976.\u00a0<\/p>\n<p>Boyd, \u00a0Darren Gibson, and Walker and were convicted of murder in 1977 and spent decades in prison.\u00a0<\/p>\n<p>At the time, Judge Drury was the assistant District Attorney that prosecuted the case. 50 years later, he stands by the investigation and his handling of the case.\u00a0<\/p>\n<p>&#8220;I stand by those convictions,&#8221; Drury said. &#8220;There was nothing improper.&#8221;<\/p>\n<p>&#8220;There was no coercion done to \u00a0these various witnesses,&#8221; Drury continued. &#8220;As I said, the the one witness, the one who turned the state&#8217;s evidence, as it&#8217;s called, repeated the same story seven different times, and then, when he \u00a0was reached much later, 40 years later, he then flip flopped.&#8221;<\/p>\n<p>In 2021, the convictions were overturned, igniting civil wrongful conviction lawsuits against the county and city of Buffalo.\u00a0<\/p>\n<p>Judge Drury was a witness during the 2021 trial.\u00a0<\/p>\n<p>&#8220;Here I am testifying as a witness, testifying strongly of all what I felt about what \u00a0the trial was 50, years ago,&#8221; Drury said. &#8220;I testified that justice was done and these people were duly and properly convicted and but I wasn&#8217;t being helped at all by my lawyers.&#8221;<\/p>\n<p>The city settled the Boyd and Walker lawsuits in 2024, with each of them receiving $4.35M.<\/p>\n<p>The county is pursuing appeals in both cases.<\/p>\n<p>Last month, Erie Co. Executive Mark Poloncarz announced he would recommend using surplus funds to settle one of the lawsuits, rather than continue the appeal.\u00a0<\/p>\n<p>The county executive is proposing the county settle with the Walker estate for $21M. The proposal will be discussed at the County Legislature meeting on May 7.\u00a0<\/p>\n<p>However, Judge Drury is urging Erie County to not settle the cases.<\/p>\n<p>Judge Drury, in a letter to Erie Co. attorney Jeremy Toth, said that the attorney&#8217;s representing the county were &#8220;outlawyered.&#8221; Drury told 2 On Your Side that they should be fired.\u00a0<\/p>\n<p>&#8220;Get new lawyers,&#8221; Drury told 2 On Your Side. &#8220;I&#8217;m not saying vindictively, but just get competent lawyers.&#8221;<\/p>\n<p>&#8220;I can tell you, from my experience, this was not handled correctly,&#8221; Drury continued. &#8220;They weren&#8217;t good lawyers.&#8221;<\/p>\n<p>Drury credited the attorney&#8217;s representing the Boyd and Walker estate, saying that they brought in good experts and &#8220;got to the jury about injustice.&#8221;<\/p>\n<p>As for the attorney&#8217;s representing the county, Drury said he&#8217;s basing his opinion on his 36 years as a judge.\u00a0<\/p>\n<p>&#8220;They were over their head,&#8221; Drury said. &#8220;They should have called expert witnesses. They should have had lawyers that had been handled cases like this.&#8221;<\/p>\n<p>2 On Your Side reached out to the County Executive&#8217;s Office for comment, but did not receive a response.\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"A former prosecutor and retired State Supreme Court Justice Timothy Drury says the county had poor legal representation&hellip;\n","protected":false},"author":2,"featured_media":185938,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[136,138,137],"class_list":["post-185937","post","type-post","status-publish","format-standard","has-post-thumbnail","category-erie","tag-erie","tag-erie-headlines","tag-erie-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/185937","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/comments?post=185937"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/185937\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media\/185938"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media?parent=185937"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/categories?post=185937"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/tags?post=185937"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}