The teen involved in the fight -- who testified against Bermudez under an agreement sparing him criminal charges -- delivered ''a total fabrication'' on the witness stand, [Judge]Cataldo wrote. He said a roster of evidence actually pointed to one of the teen's friends, who has denied involvement.
''You combine the cooperating witness who lied with the eyewitnesses who conferred with one another, and you have an innocent man in jail for 18 years,'' said one of Bermudez' lawyers, Barry J. Pollack.
From the Judge's ruling:
“I find no credible evidence connects Fernando Bermudez to the homicide of Mr. Blount. All of the People’s trial evidence has been discredited: the false testimony of Efraim Lopez and the recanted identification of strangers. No other evidence supports a finding that Mr. Bermudez committed this crime. I find by clear and convincing evidence, that Fernando Bermudez has demonstrated he is innocent of this crime.
Accordingly, the judgment of the conviction is vacated, and the indictment is dismissed.”
Is the Manhattan DA's office sorry? No. They still think Bermudez is guilty but won't retry due to lack of witnesses. The eyewitnesses all recanted, and:
Four of Bermudez' friends testified that he was with them, miles away, at the time of the crime; friends of Blount's also said Bermudez wasn't the shooter, according to the judge's ruling. No forensic evidence linked him to the crime.
The DA may appeal. Let's see whether newly elected DA Cyrus Vance, who promised he "had an ear for innocence", who was supported by The Innocence Project, and who supported the creation of a wrongful conviction task force, keeps true to his campaign rhetoric:
"When an innocent person is imprisoned, everyone in our society loses. Wrongful convictions are incredibly destructive, first and foremost, to the person unjustly imprisoned and their family and friends, but also to society as a whole -- because the public loses confidence in the law. That's why as Manhattan DA, I would encourage a prosecutorial culture that understands the importance of getting every case right.
Representing Mr. Bermudez:
Kelley Drye & Warren LLP partner Alan R. Kaufman, who is the former chief of the criminal division of the U.S. Attorney’s Office for the Southern District of New York, New Jersey attorney Lesley Risinger, the Innocence Project at the Benjamin N. Cardozo School of Law, and Barry J. Pollack of Miller & Chevalier in Washington, D.C. provided pro bono representation for Mr. Bermudez.
