His criminal defense clearly did not work. Without a jury, he rolled the dice with a judge who didn’t buy it. Brady Green, the man convicted for stalking Tyra Banks in Manhattan Criminal Court, faced 90 days in jail, but ultimately kept his freedom.
The Manhattan District Attorney’s Office initially charged Mr. Green with Stalking in the Second Degree, an “A” misdemeanor punishable by up to one year in jail. At some point prior to trial the prosecutors reduced or dismissed the top count leaving the top charge as as Stalking in the Third Degree. This charge, a “B” misdemeanor, is punishable by up to 90 days jail. As a former Manhattan prosecutor and a NY criminal defense attorney experienced in these crimes, it is likely the reduction was done for one of two reasons.
By reducing or dismissing the top charge “A” misdemeanor, the prosecution in NYC could have a “judge” or “bench” trial without a jury. This is done because it enables the prosecution to proceed on a criminal case in the event there are no courts with juries available or, in the alternative, the case was weak as an “A” misdemeanor and it was likely that the conviction and associated punishment fell in line with the lesser “B” offense.
Regardless of what the prosecution’s thought process was, Brady Green has been convicted of Stalking in the Third Degree. Not only had he face up to 90 days jail on Rikers Island, but Tyra Banks will benefit from an order of protection that will prevent Mr. Green from having any contact – whatsoever – with her. In the event he contacts Ms. Banks and violates that order Mr. Green will face a new charge of Criminal Contempt as a misdemeanor or felony and the “Tyra Banks Show” will replay all over again. Next time, however, he may be watching from behind bars.