NEW YORK (AP) — Prosecutors have turned down an inmate’s bid to be cleared in the 1998 killing of a retired police officer, an exoneration effort championed by actor Martin Sheen.
After an 18-month review of information including eyewitness recantations and a new claim that someone else confessed to the crime, the Manhattan district attorney’s office declined this week to ask a judge to dismiss the case against Jon-Adrian Velazquez.
“We have not found evidence sufficient to demonstrate that Mr. Velazquez is innocent, as he claims,” chief spokeswoman Erin Duggan said in a statement to The Associated Press. Prosecutors said the recantations didn’t merit overturning the case, and the potential other suspect didn’t pan out.
Velazquez’s lawyers, Robert Gottlieb and Celia Gordon, now plan to ask a court to overturn his conviction and order a new trial.
“The Manhattan DA has decided to walk away from this innocent man who has been wrongfully convicted and incarcerated for more than 14 years,” they said in a statement.
The case has been a high-profile project for one of DA Cyrus R. Vance Jr.’s signature initiatives, a unit that investigates wrongful-conviction claims. Sheen spotlighted Velazquez’s quest after visiting him in prison in 2011, telling reporters he came away convinced the inmate was innocent and “a young man on fire with the truth.”
Unlike many wrongful conviction claims that hinge on DNA evidence, Velazquez’s case points up the complexities of another legal issue: the reliability of eyewitness identifications of suspects. Such ID’s are a longstanding part of criminal prosecutions, but they also have factored in many convictions later overturned because of DNA.
Velazquez is serving 25 years to life in prison after being convicted of shooting long-retired officer Albert Ward during a hold-up in an underground betting parlor.
Velazquez and another man, Darry Daniels, were charged. Four eyewitnesses picked Velazquez in a lineup. Daniels testified while pleading guilty to robbery himself that Velazquez shot Ward, though Daniels wasn’t called to testify at Velazquez’ trial.
Velazquez and his mother testified that he was on the phone to her from his Bronx home at the time of the Harlem robbery.