Johnny Hincapie sobs after a judge says he will be freed from jail following a 25-year term. Photo: Steven Hirsch
[From article]
A man who spent the past 25 years in prison for the infamous 1990 subway slaying of young Utah tourist Brian Watkins has his conviction tossed Tuesday.
Johnny Hincapie, 45, sobbed as his family in the Manhattan Supreme Court gallery cheered at Justice Eduardo Pedro’s decision.
At a hearing earlier this year, Hincapie testified that he was beaten by cops and forced to sign a false confession. He was one of seven men found guilty in the sensational case. “The court does find that the defense has born their burden of proof” in terms of justifying a new trial, Padro said. “The court is going to set aside the verdict at this time. The court is going to order a new trial on these grounds.”
Hincapie’s lawyer, Ron Kuby, asked the judge to release his client without bail.
“Should Mr. Hincapie face a jury again, there is a reasonable likelihood he’ll walk out a free man,” the lawyer said.
The judge set bail at $1. The necessary paperwork was still being prepared Tuesday afternoon.
Watkins was stabbed in the heart as he tried to protect his parents from a gang of subway muggers.
The 22-year-old man and his family had just returned from the US Open when he was killed.
[. . .]
The horrific slaying galvanized the city, with an iconic New York Post front page imploring then-Mayor David Dinkins: “Dave, Do Something!”
At his previous hearing this year, Hincapie insisted through sobs that he wasn’t even on the subway platform where the killing occurred.
A surprise defense witness who read about the hearing in The Post also came forward and may have been instrumental in swaying the judge.
Mariluz Santana, 45, of Flushing saw the rowdy teens as they surrounded the Watkins family and attacked them, she testified.She knew Hincapie as an acquaintance from their neighborhood and insisted he was not among the group.
The gang robbed the family for money to get into Roseland Ballroom, where Hincapie and Santana were headed for a night of dancing. Hincapie was only 18 at the time of the murder.
http://nypost.com/2015/10/06/man-convicted-of-infamous-1990-subway-killing-ordered-freed/
Man convicted of infamous 1990 subway killing ordered freed
By Rebecca Rosenberg and Amber Sutherland
New York Post
October 6, 2015 | 1:46pm
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