- In 1987, French tourist Jean Cass was robbed and killed in Times Square.
- Eric Smokes, 19, and David Warren, 16, were arrested on suspicion of Cass’s murder and convicted despite protesting their innocence.
- Almost 40 years later, their convictions were overturned after new evidence was discovered that police pressured witnesses.
Early in the morning on New Year’s Day in 1987, a French tourist was robbed as he and his wife walked through Times Square. The man, 71-year-old Jean Kass, hit his head on the pavement. He was pronounced dead shortly after.
Within days, police took two young Brooklyn residents, 19-year-old Eric Smokes and 16-year-old David Warren, and charged them with Casse’s murder. Although both men maintained their innocence, they were convicted of murder and sent to prison for decades.
Nearly 40 years later, a New York City judge and a Manhattan prosecutor are siding with the men, now in their 50s. Their convictions on Wednesday, years after a judge first rejected their claims, came after prosecutors announced they had found evidence that police had pressured witnesses. was overturned.
A man convicted of a crime he didn’t commit is freed after more than 20 years; podcast sheds light on his murder case
“Eric Smokes and David Warren lost decades of their lives because of their wrongful convictions,” Manhattan District Attorney Alvin Bragg said in a statement. “I am inspired by Mr. Smokes and Mr. Warren’s unwavering advocacy and hope that today’s decision will finally bring them some measure of comfort and justice.”
A pedestrian stands outside the Manhattan Criminal Courthouse as media and security gather nearby on April 3, 2023 in New York. Two childhood friends convicted of murdering a French tourist in Times Square in 1987 have been acquitted by a New York City judge. (AP Photo/John Minchillo, File)
Smokes was paroled in 2011 after serving 24 years in prison. Warren served 20 years in prison before being paroled in 2007.
The two, who grew up together and called themselves brothers, spent years trying to clear their names. There was no DNA evidence linking them to the crime. The four witnesses who testified at the trial, all teenagers, some of whom later said they had been pressured by police and threatened with arrest if they did not pinpoint the cause of the killings to Mr. Smokes and Mr. Warren.
But when the two filed a motion in 2017 to vacate their convictions, the effort was opposed by Judge Stephen Antignani and the Manhattan District Attorney’s Office, then led by Cyrus Vance.
Assistant District Attorney Christy Keenan questioned the reliability of the recanted witness statements. In a 2020 ruling, Antignani dismissed the claims, finding that the men “failed to prove by clear and convincing evidence that they were likely innocent.”
Missouri man sues St. Louis, wrongful murder conviction after nearly 28 years in prison
A separate investigation was launched in 2022 under Bragg, but prosecutors said the teenage witnesses had been under pressure from police and that at least one of them had been near the crime scene. “Significant new evidence” has been discovered, including records showing that there is a strong possibility that he was not there, he said.
With new evidence, Mr. Antignani agreed this week to quash the conviction.
Their attorney, Jay Henning, said his clients are thrilled to have their names cleared. But the discovery was long overdue, he added.
“This was a tunnel-vision case full of police and prosecutorial misconduct,” Henning said. “We should have done this a while ago.”
