Expert witness reverses stance on prosecutorial misconduct in Broadwater case

Bennett Gershman, a Pace University law professor retained as an expert witness by the city and county of Syracuse in a civil lawsuit filed by Anthony Broadwater, filed a report in December 2025 concluding that prosecutors did not engage in misconduct during Broadwater’s 1981 rape conviction. This finding directly contradicts Gershman’s statements to ProPublica in August 2024, where he described the prosecution as involving “tyranny” and accused prosecutors of “manufacturing a case.”

Gershman attributed his change of position to a deeper review of the case materials, specifically citing Alice Sebold’s June 2025 deposition testimony in the civil suit. In his report, he stated that prosecutor Gail Uebelhoer “behaved properly and professionally” and that there was nothing in the record to undermine her integrity. He argued that her remarks to Sebold after a failed lineup identification were irrelevant and did not constitute Brady evidence requiring disclosure to the defence.

The reversal has drawn sharp criticism from legal ethics experts. Stephen Gillers, an emeritus professor at New York University School of Law, described the shift as an embarrassment that would undermine Gershman’s credibility with a potential jury. Rebecca Roiphe, a professor at New York Law School, noted the problematic nature of an expert providing strongly worded commentary to a reporter before taking a partisan position in court, arguing that the roles of neutral commentator and legal expert should not be confused.

Broadwater, who was exonerated in 2021 after serving 16 years for the rape of Sebold, is seeking financial damages for wrongful imprisonment and malicious prosecution. While the state of New York settled a separate claim for $5.5 million in 2023, the city and county of Syracuse have resisted Broadwater’s claims. Lawyers for both sides declined to comment on the expert’s report for this article.

In a follow-up conversation with ProPublica after the report’s release, Gershman qualified his stance, stating that while Uebelhoer committed misconduct, it did not prejudice Broadwater’s constitutional rights or affect the outcome. He insisted he does not work for money, noting he was paid $10,000 for the assignment, and claimed he had no recollection of reading the original trial transcript during his initial August 2024 interview.