Murder Convictions Overturned For Three Men After “Egregious” Misconduct By Queens DA

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A Queens Supreme Court docket Decide has vacated the convictions of three males charged in a 1996 double homicide, discovering that trial attorneys with the Queens District Legal professional’s Workplace had “intentionally withheld” proof that considerably undermined the case.

The three males — Gary Johnson, 46, George Bell, 44, and Rohan Bolt, 59 — will stroll free on Friday, after spending greater than 24 years in jail for his or her supposed position in an ambush killing of an East Elmhurst store proprietor and an off-duty cop.

Studying from an announcement in the course of the digital listening to, an emotional Bell mentioned he had been dreaming of his freedom for many of his life. “I used to be solely 19 years previous. I used to be only a child, no clear understanding of the legislation or beneath my very own rights,” Bell mentioned, talking from Inexperienced Haven Correctional Facility. “In the present day is the day I’m going dwelling.”

The costs have been introduced by the late Queens DA Richard Brown, and hailed on the time by Mayor Rudy Giuliani and the NYPD Commissioner Howard Safir, each of whom urged the boys must be executed. The lead prosecutor on the case, Assistant District Legal professional Brad Leventhal, at present works as bureau chief of the workplace’s Murder Trial Bureau

Greater than twenty years later, the case has fallen aside beneath the burden of newly-unearthed proof — together with police experiences that urged members of the “Speedstick” gang have been concerned within the capturing, and testimony from a minimum of 5 witnesses that known as key particulars of the narrative into query. Though protection attorneys have been entitled to that info, their requests have been rebuffed.

The exculpatory proof have been uncovered by attorneys for the boys, and corroborated by the Queens DA’s Conviction Integrity Unit.

At a listening to on Friday, Decide Joseph Zayas slammed the prosecutors within the case for his or her “egregious” miscarriage of justice.

“The blame for these wrongful convictions, and the blame for the institutional injury finished to the felony justice system shall fall squarely on the shoulders of the prosecution attorneys on this case,” Zayas mentioned.

In an announcement, Queens DA Melinda Katz, who took workplace final yr after Brown’s dying, mentioned that she would evaluate the case earlier than deciding whether or not a retrial was essential. She maintained that the prosecutors had “inadvertently failed” to reveal the information, and that there was no misconduct inside the workplace itself.

A protection legal professional for Bell accused Katz of slow-walking the evaluate, telling the Instances that she was “attempting to guard” the attorneys concerned — together with Leventhal. In 2017, a state Appellate Division overturned a separate Leventhal conviction as a result of “repeated cases of prosecutorial misconduct.”

Inquiries to Katz’s workplace about Leventhal weren’t returned.

In his personal assertion, Johnson — who was 22 on the time of his arrest — described his conflicted emotions concerning the finish of decades-long jail sentence.

“I don’t know the place to start as a result of at this second I really feel extraordinarily joyful,” he mentioned, however added that he additionally felt indignant to have misplaced so a few years together with his family members. “My sister was 9 years previous on the time. Her cries nonetheless ring in my thoughts.”

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