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Fatal Subway Pusher's Lawyer Posts Fliers Seeking Witnesses

By Andrea Swalec | December 11, 2012 6:18pm

MANHATTAN CRIMINAL COURT — The lawyer representing the man who admitted to pushing a subway rider to his death last week is accusing prosecutors of withholding its list of witnesses — and plans to hand out hundreds of fliers to get people to come forward.

Defense attorney Stephen Pokart said that lawyers with the Manhattan District Attorney's office have not shared the names of those who saw what happened between Ki-Suck Han and accused killer Naeem Davis on Dec. 3 — more than a week ago.

"I think it's crucial in this case that the prosecution be more forthcoming with witnesses," Pokart told Judge Alexander Tisch. "What I gather is that there might be exculpatory information out there."

Instead, he will be taking matters into his own hands by distributing 500 fliers outside the Seventh Avenue and 49th Street station, where the deadly altercation occurred, asking those who saw the scuffle to come forward.

"It would be nice to hear what they have to say, but why should we have to resort to this?" he said.

Assistant District Attorney James Lin assured Pokart and Davis, who was somber and dressed in black, that known witnesses' names would be shared.

"The people are aware of this obligation," he said. "We will take his request and his concern into account."

Han, a 58-year-old Elmhurst resident, is survived by a wife and 20-year-old daughter who mourned his death at a Dec. 5 wake at Woo Ri Presbyterian Church in Flushing. The minister there said Han was a Korean immigrant who had lived in the United States for about 25 years but struggled to find work during the economic collapse.

Davis, 31, was charged Dec. 5 with intentional murder and murder through depraved indifference. He faces 25 years to life in prison if convicted.

On Friday, he told DNAinfo.com New York in an interview on Rikers Island that he never intended to kill Han, he merely wanted the man who picked a fight with him to leave him alone.

Another flier found posted in the 49th Street Q station Tuesday night asks witnesses to "set aside 30 minutes from [their] busy schedules" to contact the Manhattan DA's office. Pokart did not immediately respond to an inquiry about whether he had posted the fliers.

The case is expected to be heard by a grand jury by Tuesday, Dec. 18, Lin said.