Judge tosses conviction after man spends 18 years in the slammer

A Manhattan judge tossed out a murder case today against a man imprisoned for nearly 20 years, declaring that he was innocent after a witness lied about him being the shooter.

Fernando Bermudez, 40, wept inside a downtown courtroom as Supreme Court Justice John Cataldo took the bizarre step of not only overturning his 1992 conviction, but dismissing the charges altogether. Bermudez has "demonstrated his actual innocence,” Cataldo said. “This court wishes to express its profound regret over the past 18 years. I hope for you a better future.”

He remains behind bars for now because of a seperate federal drug-sale conviction that carried a 27-month sentence. His lawyers plan to ask federal authorities to credit him for the time he has served and release him immediately.

“This is too long, but justice is ours today,” his wife, Crystal, told reporters outside court as she wiped away tears.

The August 1991 shooting involved 16-year-old Raymond Blount, who was gunned down as he left a nightspot near Union Square after getting into a fight with another teen inside the club. Another teen identified Bermudez as the gunman and four bystanders fingered him from police photograph files and then a police lineup.

The judge's ruling bars a retrial. The Manhattan DA's office said it would not pursue one because several witnesses have since recanted and would no longer testify. Prosecutors, however, said they still believe Bermudez is guilty and are examining their options, including filing an appeal. “We strongly disagree with the judge’s decision,” said Chief Assistant DA Mark Dwyer. “We don’t think the defense has shown that there was anything wrong with the verdict.”

Bermudez’ lawyers presented evidence that the witnesses had improperly consulted each other before picking him from the lineup. The judge said that one of the teens involved in the fight, who testified against Bermudez under an agreement sparing him criminal charges, delivered “a total fabrication” on the witness stand

Original report here



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