Prosecutors in Brooklyn have disavowed the convictions of three men who spent decades in prison for one of the most horrifying crimes of New York's violent 1990s — the killing of a clerk who was set on fire inside a subway token booth.
Vincent Ellerbe, James Irons and Thomas Malik were convicted of murdering token seller Harry Kaufman in 1995. After more than 25 years, a judge vacated their convictions after the Brooklyn DA could no longer stand by the prosecution.
Malik and Irons, both 45, left court free for the first time in decades. Ellerbe, 44, was paroled in 2020."What happened to us can never be fixed," Ellerbe told the courtroom as he quietly described the ordeal of prison: "They break you or they turn you into a monster." Defense lawyer Ron Kuby said the detectives had a long track record of unethical practices including lying but he also faulted the DA's office for withholding evidence and more.
Subsequently, New York City Police Department detectives, including lead case detectives Stephen Chmil and Louis Scarcella, identified the defendants as suspects. All three defendants confessed to taking part in the crime and each was convicted by a jury at trial largely based on those confessions.
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3 men cleared in 1995 killing of NYC subway token clerkThree men who spent decades in prison have been cleared in the killing of a clerk who was set on fire in a subway toll booth in New York's violent 1990s
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