A federal appeals court yesterday ordered the release of a Brooklyn man imprisoned for the 1996 slaying of his police-officer wife during a custody fight over their infant son.
The Second Circuit Court of Appeals in Manhattan said a judge should have previously overturned John Rivera’s conviction for “depraved indifference” murder in the fatal shooting of Kimberly Rivera.
The unanimous decision noted that jurors had acquitted Rivera of “intentional murder.”
Two state appellate-court decrees since the verdict have changed the law so that the “point-blank shooting” of Kimberly Rivera “could not support a depraved-indifference murder conviction,” Judge Joseph McLaughlin wrote.
Those decisions were both handed down before Rivera’s conviction “became final” following denial of his last state appeal in 2004, McLaughlin said.
Defense lawyer Richard Joselson said Rivera, currently serving 23 years to life, could be sprung within a month.
A spokesman said the Brooklyn DA’s Office is reviewing its options.