The Manhattan District Attorney’s office has conducted a fresh investigation and has now cleared the convictions of two men involved in murders that occurred in New York City during the 1990s. In 1996, Wayne Gardine, aged 49, was incarcerated for the murder of 22-year-old Robert Mickens, as he was found guilty of the crime.
Jabar Walker, who is now 49 years old, was convicted in 1998 for committing a double murder. He was found guilty of shooting and killing William Santana, aged 32, and Ismael De La Cruz, aged 30. Two notable cases emerged from the corruption scandal in the New York City police precinct.
In the early 1990s, the Mollen Commission, an independent investigative body, conducted an extensive inquiry into the activities of the 30th Precinct. This inquiry would ultimately uncover the largest police scandal in the history of New York City. As reported by the Legal Aid Society, the precinct became infamous for its involvement in this scandal and earned the derogatory moniker “Dirty 30.”
After spending 25 years in prison, Walker was finally released on Monday. He had been serving two consecutive sentences of 25 years to life.
Walker was set free after a thorough 11-month investigation carried out in collaboration with the Innocence Project. This investigation encompassed interviews with 30 individuals, one of whom expressed a willingness to retract their testimony provided during the sentencing. The witness revealed feeling coerced into implicating Walker.
Another witness presented a new piece of evidence during the trial, which contradicted the previous testimony. This witness stated that Walker was not present at the scene of the crime.
Manhattan District Attorney Alvin L. Bragg, Jr. has voiced his apprehension regarding the case against Jabar Walker, emphasizing the dependence on unreliable and retracted testimony. Furthermore, Walker was deprived of a skilled defense attorney, a crucial component of our justice system.
In a joint effort with the Innocence Project, Attorney Bragg worked tirelessly to overturn Walker’s conviction and have the indictment dismissed. This pivotal decision was driven by the discovery of compelling new evidence and the recognition that Walker had been deprived of proper legal representation.
The Legal Aid Society has received support from Gardine’s office in their motion to vacate and dismiss his indictment. Officials have revealed that a second witness has recently come forward, casting doubt on the credibility of the sole witness relied upon during the trial.
Bragg shares that Wayne Gardine, at the young age of 22, was handed a lengthy prison sentence due to the testimony of an untrustworthy witness. Bragg firmly believes that Gardine’s conviction was unfair, resulting in the loss of valuable years of his life spent behind bars.
Gardine, who was convicted at the age of 22, served nearly three decades in prison before being granted parole in 2022. After his release, he was immediately transferred to the custody of U.S. Immigration and Customs Enforcement, where he is currently being held. The Legal Aid Society of New York is calling for Gardine’s release and the dismissal of deportation proceedings against him.
Grace Davis, the mother of Wayne Gardine, carries a heavy burden of emotional distress whenever she reflects on her son’s plight. She passionately highlights the unjustness that he has had to endure, spending nearly three decades imprisoned for a crime he did not commit. With an earnest plea, Davis implores ICE to put an end to this ongoing nightmare by promptly granting her son his freedom.
The Post-Conviction Justice Unit of The Office worked together with defense counsel for Gardine and Walker to investigate their cases jointly, leading to the overturning of two sentences. Bragg established the unit with the purpose of conducting a comprehensive review of closed cases and determining whether the conviction should be overturned or modified in cases where there is uncertainty about the final verdict.
Vanessa Potkin, director of special litigation at the Innocence Project, expressed her gratitude to DA Bragg’s Post-Conviction Justice Unit for their collaborative and transparent joint re-investigation. According to Potkin, this investigation serves as an excellent illustration of how post-conviction innocence claims should be handled, emphasizing the significance of a non-adversarial approach.
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