Tyler Flach, who was convicted of second-degree murder in November for the knifing death of 16-year-old Khaseen Morris, was absent upon his new counsel’s request to vacate the murder charges in Nassau County Courthouse in Mineola Monday morning.
Flach is expected to be sentenced Feb. 28 after the swift appearance before Acting Supreme Court Justice Howard Sturim.
Khaseen Morris, was fatally stabbed in the chest at the Brower Avenue strip mall parking lot in Oceanside, on Sept. 16, 2019 during an after school brawl. Morris had recently moved to Oceanside and had only attended his new high school for ten days prior to the stabbing.
A jury found Flach guilty of four counts against him – second degree murder, first-degree gang assault, misdemeanor assault and weapons possession resulting in a possible prison sentence of 25 years to life. The jurors believed that this was an intentional homicide.
Jonathan Rosenberg, a new hire to represent Flach during sentencing and appeals after the recent conviction on Nov. 1, stated that the Nassau County prosecutors misled the jury and preferred a retrial.
Rosenberg described the case to have been “poisonous” arguing that the number of times Flach stabbed Morris was not accurately described to the jury by the prosecution.
Additionally, Rosenberg argued in court papers that radio recordings from when Morris was being treated in the ambulance after he was stabbed were not turned over to the defense.
Both the prosecutors and the defense attorneys need ample time to provide arguments on the defense motion that would put aside the conviction.
Sturim gave the district attorney’s office until Feb. 13 to respond and the defense would have until Feb. 21 for any additional arguments. Flach’s mother, Jeanne McGuire, was present in the courtroom Monday morning with a close-by Rosenberg.
Morris’ family did not attend Monday’s court appearance.