The bodega worker who was infamously charged in the murder of his assailant plans to sue the city for wrongfully prosecuting him, The Post has learned.
Simon died from the stab wounds.Cops also neglected to look at video of the incident “which was available, and which clearly showed there was no criminal liability on the part of Alba,” the filling alleges.
The case was dropped against Alba a few weeks later after mounting public pressure decrying his innocence.The DA’s office, based on the information from cops, brought “the highest charge possible” against Alba and asked for extremely high bail “so that Alba would be punished regardless of the facts of the case,” the filing states. Prosecutors also “decided not to arrest Tina Lee who had no reasonable basis to stab Alba,” the claim says.
In the DA’s court papers finally seeking to drop the case against him “it was apparent that all of the evidence the DA reviewed was available at the time Alba was arrested and before Alba was charged,” the filing alleges.
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