A judge dismissed murder convictions of Vincent Ellerbe, James Irons and Thomas Malik after the trio spent decades in prison for one of the most horrifying crimes of NYC’s violent 1990s — the killing of a clerk who was set on fire in a subway toll booth
“Yesterday was the first day that he actually allowed himself to believe that he’s going to be free,” said Kuby, who also represents Ellerbe and said the latter is “extraordinarily happy” to see his conviction thrown out.
The attack bore some resemblance to a scene in “Money Train,” an action movie that had been released four days earlier. Then-Senate Majority Leader and Republican presidential hopeful Bob Dole took to the Senate floor to call for a boycott of the movie. Police scoured for suspects and eventually came to question Irons, getting a confession that he was acting as a lookout. He implicated Malik and Ellerbe as the men who had torched the tollbooth.
Gonzalez’s office said its review found that Scarcella and his partner fed important details about the crime scene to Irons — details that prosecutors later used at trial to argue that his confession was so specific that it had to be true. But it included clearly dubious claims. For instance, he said, he had been able to see his supposed accomplices jump into a getaway car, though it was parked a block away and around a corner, prosecutors said.
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