Three half-brothers convicted of murder in the 1980s with evidence from disgraced NYPD detective Louis Scarcella were exonerated Tuesday – though one of the men was paroled in 2007 and another died in prison.
A Brooklyn prostitute and crackhead, who testified in five of Scarcella’s murder investigations, was also a witness against Robert Hill in his trial for a 1987 murder and against Darryl Austin and Alvena Jennette in their trial for a 1985 homicide.
Hill, walking out of the Brooklyn Supreme Court a free man for first time in 28 years, said: “I’m feeling alright. I’m happy to be out. I’m so happy to be out.”
Hill and Jennette were cheered by a pack of family and friends as they left court.
Louise Austin, the mother of all three men, stood up for the exonerations of the deceased Darryl Austin.
“I feel really good,” the mom said.
Jennette, who was freed on parole in 2007 but wasn’t exonerated until Tuesday said: “I’m feeling great that everything is over with and I thank God every day.”
The DA’s Conviction Review Unit sent a letter to Supreme Court Justice Matthew D’Emic in March that expressed doubt over the convictions of Jennette and Austin.
The letter revealed that prosecutors were reluctant to make an arrest in the case without eyewitnesses — and that’s when Scarcella turned to Teresa Gomez, who has testified in five of his trials.
“The conviction of Mr. Hill was based almost entirely on the testimony of a witness we now find to be extremely problematic,” Brooklyn ADA Mark Hale told the court, adding that Gomez was “hopelessly addicted to drugs” and “criminal in her conduct.”
Pierre Sussman, defense attorney for Jennette and Austin, said his clients should have never been convicted with Gomez’s tainted testimony.
“Gomez had major issues with her testimony and behavior,” Sussman said. “She was an avowed crack user. Her testimony was so bizarre that defense counsel at the time asked for a urinalysis.”
Tuesday’s exonerations – granted by judge Neil Firetog – will bring the total number of men cleared by newly-elected DA Ken Thompson to six.
“Based on a comprehensive review of these cases, it is clear that testimony from the same problematic witness undermined the integrity of these convictions, andresulted in an unfair trial for each of these defendants,” Thompson said.
“We therefore have moved to vacate these convictions and dismiss the charges in the interest of justice.”
Additional reporting by Lisa Hagen and David K. Li
