Judge Frees Men Imprisoned For 24 years, Saying Prosecutors Withheld Evidence

Three Queens men wrongfully convicted of a 1996 double homicide were released from prison on Friday after having their convictions overturned.

CNN reports that a Queens Supreme Court judge vacated George Bell, Gary Johnson, and Rohan Bolt’s convictions. The men were convicted in 1996 for the murders of Astoria business owner Ira “Mike” Epstein and off-duty police officer Charles Davis. Both men were fatally shot during a botched robbery at Epstein’s check-cashing business.

The case was picked up by the Queens District Attorney’s Conviction Integrity Unit after its formation last year. CIU attorneys spent 11 months investigating the matter and interviewed more than 30 people. 

The CIU filed a joint motion with the defense to vacate the men’s convictions after the original prosecutors on the case withheld evidence that could have proven their innocence. In particular, the prosecutors failed to hand over documents indicating that a gang member who is known as “Speedstick” had implicated himself and other gang members in the fatal shooting at Epstein’s check cashing store.

“The district attorney’s office deliberately withheld from the defense credible information of third-party guilt that is evidence that others may have committed these crimes,” Judge Joseph Zayas said during the hearing.

Prosecutors also withheld the mental health records of a key witness. The documents showed that the witness had a recent history of hallucinations.

All three men were released on their own recognizance. They are due back in court on June 4 to find out if they will be retried or are fully exonerated.

“As the chief law enforcement officer of Queens County, I cannot stand behind these convictions in light of the Brady violations that my Conviction Integrity Unit identified,” Queens DA Melinda Katz said. “However, there is at this time insufficient evidence of actual innocence, and therefore we are taking this opportunity to re-evaluate and examine the evidence.”

The men’s attorney said they would continue to fight until they are proven actually innocent.