Morgan Stanley banker files motion to dismiss hate crime and assault charges

Counsel for the Darien banker who faces assault and hate crime charges has submitted a motion to dismiss the case, claiming the testimonies of the alleged victim are inconsistent.

William Bryan Jennings’s lawyer, Eugene Riccio, filed the motion Wednesday in Stamford Superior Court. Jennings was arrested in February after getting a cab ride from Manhattan to Darien and refusing to pay the fare. An argument ensued between him and the driver, Queens resident Mohamad Anmar, and Jennings pulled out a penknife and ended up cutting Anmar’s hand. Jennings claims he was the victim of an abduction.

Riccio’s motion cites 10 instances where Anmar’s original, verbal testimony appears to be inconsistent with a later written statement given to police, and also omits certain “facts,” according to Riccio.

“The affidavit to support the arrest warrant… contains false statements that were made knowingly and intentionally or with reckless disregard for the truth,” the motion states, adding that it “also omits material facts, that collectively were necessary to the determination that probable cause existed to arrest [Jennings].”

Riccio’s first claim is that Anmar did not originally tell police that Jennings made racial slurs toward him during their argument. Anmar told police this happened in a written statement issued a week after the incident.

There are also inconsistencies with the place of the stabbing and how much the original fare was and if it was agreed upon beforehand, according to Riccio. The motion also states some statements were simply untrue, such as how much alcohol Jennings had consumed and for how long, and some statements were omitted, such as Riccio’s claim that Anmar “deliberately went through a stop sign at too high a rate of speed for [Jennings] to safely exit the vehicle.”

Anmar later admitted to running a stop sign, as he feared Jennings would flee and leave him to pay the $204 cab fare himself.

The motion also claims that Darien Police reneged on its commitment to schedule a polygraph for both Jennings and Anmar, and instead opted to give only Jennings the lie detector, according to Riccio. Riccio claims he asked police to drop the charges if his client passed the test, but police refused to agree to such terms. Polygraph examinations are rarely admissible in court.

Under Connecticut’s hate crime statute, Anmar could seek civil damages from Jennings. No charges have been filed against Anmar for the alleged abduction.

Jennings has been put on indefinite leave from his position as the co-head of fixed income capital markets in North America at Morgan Stanley, according to company spokesman Pen Pendleton.

Anmar’s lawyer could not be immiately reached for comment. Check back with the for more.

• Morgan Stanley executive pleads not guilty to felony hate crime, assault

• Disputed facts: Darien man faces racial intimidation charges after allegedly stabbing cab driver

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