MORRISANIA — The case against the man who beat his wife's would-be rapist to death has been delayed as officials continue to wait for autopsy results of the man he attacked more than two months ago.
"You have a prime example of justice delayed, justice denied," said Anthony Michaels, the attorney for Mamadou Diallo.
"We appreciate the efforts of the DA, but it really shouldn’t take this long."
Diallo fatally attacked ex-con Earl Nash on May 30 after Nash tried to rape Diallo's wife in their apartment on Washington Avenue. He was arraigned on assault charges and released without bail.
However, his case has stalled while the Bronx District Attorney's office awaits the results of Nash's autopsy, a delay that Michaels said is taking a heavy toll on his client.
"Every time they have to hear from me or come to court, this relives a day that they wish never happened," he said.
"Trouble, he did not look for trouble. Trouble came to his house."
The charges have also impacted Diallo's ability to work as he earned his living as a cab driver, but his license has been suspended while the case is ongoing, according to Michaels.
On Wednesday, Diallo's case was adjourned to Sept. 7 while officials continue to await the results of Nash's autopsy.
"This is a complex case requiring extensive additional medical testing and investigative information from the police," Medical Examiner's Office spokeswoman Julie Bolcer said.
"Our office has been in contact with the DA's office throughout the investigation."
Abdoul Diallo, president of the Guinean Community who is not related to the defendant, echoed Michaels' complaints about the wait and argued that the DA's office should have dismissed the case by now.
"The community as a whole is really very upset and very disappointed that this case is going on. We think that they are being victimized for a second time," he said.
"They were victimized by a criminal who came to their house. Now they’re being victimized because of the fact that this case is taking so much longer to be dismissed."
Diallo spoke briefly after his appearance, stressing that he had not been looking to start a fight on the day that his wife was attacked.
"For me, I don’t want problems," he said. "Problems is coming to me."
