Reopening Brooklyn Cases with New Exculpatory Evidence

Reopening Brooklyn Cases with New Exculpatory Evidence

When someone has been wrongfully convicted of a crime, it can be incredibly difficult to overturn that conviction, even with new evidence that proves their innocence. This struggle often plays out in Brooklyn, where many believe there are likely dozens of innocent people sitting in prison due to wrongful convictions over the years. However, with persistence from innocence projects and pro bono lawyers, even decades-old Brooklyn cases can sometimes be reopened when compelling new evidence comes to light.

The Difficult Path to Overturning a Conviction

Overturning a conviction is a long, difficult road, especially once all appeals have been exhausted. New exculpatory evidence – evidence that helps prove someone’s innocence – is often the only path forward. But getting a case reopened even with strong new evidence can be an uphill battle.

In New York state, someone seeking to reopen their case with new evidence must file a 440 motion. This is essentially a request to vacate the conviction due to evidence discovered after the trial that exonerates the defendant. However, courts apply a very strict standard to these motions.

The evidence must be truly compelling and likely to change the verdict if a new trial is granted. Minor holes poked in the prosecution’s case or evidence that only somewhat helps the defendant is often not enough. And after years or decades, courts are reluctant to reopen old cases even with strong proof of innocence.

“Courts have an interest in finality and closure. Overturning convictions from long-ago cases that were considered closed can open the floodgates to revisiting many other cases.” – Defense lawyer perspective

Despite the high legal bar, there are advocacy groups like the Brooklyn Innocence Project and pro bono post-conviction lawyers who will take up apparent wrongful conviction cases and pursue every avenue to secure the inmate’s release.

Brooklyn Cases Reopened Decades Later

One recent high-profile Brooklyn wrongful conviction case that was reopened decades after the trial is that of John Bunn. Bunn was convicted of murder at age 17 based on a forced confession and questionable testimony from the actual shooter. After spending 17 years in prison, he was released on parole but not fully exonerated.

In 2018, the Brooklyn DA’s Conviction Review Unit reinvestigated his case and found glaring problems with the evidence and major ethical issues with the prosecution. They brought a motion to vacate Bunn’s conviction based on this new exculpatory evidence, and the judge agreed, fully exonerating Bunn at age 41.

Bunn described his reaction to finally being cleared: “This has been 27 years I’ve been fighting for my life. I haven’t been able to get a job or anything because of this. Now I can breathe. I’m overwhelmed with joy.”

Another Brooklyn man, Sundhe Moses, had his 1995 murder conviction vacated in 2021 after the Brooklyn DA found his confession was coerced and evidence pointed to another suspect. Like Bunn, Moses pled with the courts for years before finally getting his case reopened after over 2 decades in prison.

And just recently in late 2022, a Brooklyn judge ordered a retrial for John Giuca, convicted of murder at age 20 in 2005, after post-conviction investigation found the credibility of a key witness to be highly questionable. Giuca spent nearly 20 years in prison protesting his innocence before his case was reopened.

Continuing to Fight for the Wrongfully Convicted

The examples of Bunn, Moses and Giuca show that it’s possible for even decades-old Brooklyn convictions to eventually be reexamined and overturned with the right evidence. Often it requires unrelenting effort from innocence projects and pro bono lawyers in the face of immense legal barriers.

And for every exoneration, there are likely more wrongfully convicted individuals whose cases remain closed. Continuing to fight for them and unearth new evidence that may set them free as well is paramount.

Organizations like the Brooklyn Innocence Project, which has helped exonerate 30 wrongfully convicted people to date, are dedicated to this pursuit. But they rely heavily on volunteer help from regular citizens to reinvestigate old cases.

Lawyers willing to provide pro bono post-conviction representation to pursue appeals with new exculpatory evidence are also critical. The path to overturning a conviction is long, grueling and complicated – having a lawyer guide the way makes all the difference.

There are surely dozens more Brooklyn inmates waiting for their day in court to present new evidence that vindicates them. The tireless work of innocence advocates provides a glimmer of hope that their convictions could one day be overturned as well.

Resources

• Reddit community discussing and analyzing exoneration cases
• Video example of hearing to reopen conviction with new evidence
• “In The Dark” podcast investigating potential wrongful conviction
• Ways to volunteer for local innocence project chapter