Brooklyn DA seeks to have murder conviction vacated for man who served 20 years
Brooklyn District Attorney Ken Thompson announced he will seek to vacate the murder conviction of a man who served 20 years in prison.
The New York Daily News reported Monday that Thompson has been persuaded by scientific and ballistic evidence that exonerates Derrick Hamilton, a man that was convicted for shooting Nathaniel Cash to death in Bedford-Stuyvesant in 1991. Hamilton has long argued that he was in Connecticut when the shooting occurred, and the sole witness against him, Cash’s girlfriend, Jewel Smith, recanted her testimony in 2011 and has lobbied for Hamilton’s release.
“I feel vindicated,” Hamilton told the News. “It’s like a rebirth. I’m a new guy. I can live my life in happiness. It’s just overwhelming.” Hamilton was sentenced to serve 25 years in prison but was given early release in 2011.
According to the Daily News, Thompson found that the forensic evidence did not match Smith’s testimony. During Hamilton’s trial, Smith had testified that Cash was shot from the front. The Daily News reports that, according to ballistic reports, Cash had actually been shot from behind. “Correcting miscarriages of justice is very important,” said Thompson. “Having men in prison for murders they did not commit is not justice.”
The Daily News reports that embattled former New York Police Department detective Louis Scarcella, who has been accused of taking shortcuts in homicide investigations, played a role in Hamilton’s case. The News reports that Scarcella, whose actions have already resulted in five homicide convictions being vacated, allegedly coerced a witness in Hamilton’s case.
Hamilton’s exoneration is the 11th to be sought by Thompson since being elected District Attorney in 2013. Thompson’s office is currently reviewing approximately 100 cases to determine whether those convictions should also be vacated.
