Manhattan District Attorney Alvin L. Bragg, Jr., today announced his Office moved to vacate the conviction of Wayne Gardine, 49, for a 1996 murder conviction in the shooting of 22-year-old Robert Mickens; and Jabar Walker, 49, for a 1998 double-murder conviction in the shooting of 32-year-old William Santana and 30-year-old Ismael De La Cruz. Walker, who was 23 at the time of his conviction, was released from prison today after serving 25 years of two consecutive terms of 25 years-to-life in prison. The Office moved jointly with the Innocence Project to vacate the conviction and dismiss the indictment of Walker based on newly discovered evidence and ineffective assistance of counsel. The Office further agreed not to re-prosecute Walker in the interest of justice and because the case cannot be proved beyond a reasonable doubt.
The Office today joined the Legal Aid Society’s motion to vacate and dismiss the indictment of Gardine based on the Office’s finding of newly discovered evidence. The Office also agreed to dismiss the indictment in the interest of justice and because the case cannot be proved beyond a reasonable doubt. Gardine, who was 22 at the time of his conviction, served nearly three decades in prison before he was released on parole in 2022. He was then transferred to U.S. Immigration and Customs Enforcement (ICE), where he remains in custody.
The vacaturs are the result of joint investigations conducted by the Office’s Post-Conviction Justice Unit in collaboration with defense counsel for both Gardine and Walker.
Read about both cases:
Wayne Gardine:
The vacatur came after a joint investigation between the Office’s Post-Conviction Justice Unit and the Legal Aid Society uncovered new evidence from a second witness that undermined the testimony from the sole witness used at trial. Today Judge Kathryn Paek approved the motion from the Legal Aid Society, joined by the Office, to vacate the conviction and dismiss the indictment.
A copy of the People’s motion can be found here.
“Wayne Gardine was just 22 years-old when he was sentenced to decades in prison following a trial that we now believe relied on an unreliable witness and testimony – losing years of freedom due to an unjust conviction,” said District Attorney Bragg. “Unjust convictions are the height of injustice and while we can never completely undo the pain he has experienced, I hope this is the first step in allowing Mr. Gardine to rebuild his life and reunite with his loved ones. I thank the Legal Aid Society for its outstanding collaboration in this matter.”
“We are elated that Mr. Gardine will finally have his name cleared of this conviction that has haunted him for nearly three decades, yet he is still not a free man and faces additional and unwarranted punishment if deported,” said Lou Fox, Mr. Gardine’s attorney at the Wrongful Conviction Unit at The Legal Aid Society. “We thank New York County District Attorney Alvin Bragg for joining us on this motion, and we call on ICE to immediately release our client so he can return to his family and community, and to drop deportation proceedings.”
Jabar Walker:
The vacatur came after a joint 11-month investigation with the Innocence Project, which included interviews of thirty individuals. A key non-identifying witness at trial went to Mr. Walker’s attorney seeking to recant his testimony the day of sentencing. He subsequently recanted his testimony under oath in 1999 and 2021, saying he was pressured to implicate Mr. Walker. He amplified and deepened his recantation during the investigation. Another non-identifying witness, who testified at trial but did not identify anyone as the perpetrator, provided new evidence stating that he did not see Mr. Walker at the scene.
This new evidence the two non-identifying witnesses demonstrates how Mr. Walker received ineffective assistance of counsel, as his defense attorney failed conduct a meaningful investigation or adequately probe the weaknesses in the testimony of these witnesses.
Furthermore, the investigation caused the Office to lose confidence in the testimony of the single identifying eyewitness at trial.
“Not only was the case against Jabar Walker built upon unreliable and recanted testimony, he did not have the benefit of an effective defense attorney – one of the constitutional bedrocks of our justice system. Despite these serious issues, Mr. Walker received a sentence that could have kept him in prison for his entire life. I am thrilled that he can now finally return home and thank the Innocence Project for its steadfast advocacy throughout this matter,” said District Attorney Bragg.
Today Judge Miriam Best approved the motion to vacate the conviction and dismiss the indictment. A copy of the People’s motion can be found here.
The Gardine investigation was led by Assistant D.A. Jenna Dunton, with assistance from Analyst Daniel Altabet and Investigators Randy DaSilva and Dennis Suarez. The Walker investigation was led by Assistant D.A. Shalena Howard and Talia Gooding-Williams, with assistance from Analysts Karina Patel and Thomas Martin; and Investigators Randy DaSilva and Dennis Suarez. Assistant D.A. Terri Rosenblatt (Chief of the Post-Conviction Justice Unit) supervised both investigations.
About the Post-Conviction Justice Unit:
The Post-Conviction Justice Unit (“PCJU”) was created by District Attorney Bragg to review the Office’s closed cases. PCJU conducts independent and impartial post-conviction reinvestigation done in collaboration with impacted individuals and their counsel to determine whether a conviction should be vacated or modified where there is no longer confidence in the outcome.
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