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Wrongly Convicted Database Record
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Charge: |
Second Degree Murder |
Sentence: |
20 years to life imprisonment |
Years Imprisoned: |
20 |
Year Crime: |
1983 |
Year Convicted: |
1984 |
Year Cleared: |
2003 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Kings |
City of Crime: |
New York City |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Floyd Batten was wrongly convicted in 1984 of second-degree murder in the killing on November 4, 1983 of Igor Khutorsky during a robbery of the furniture store he owned in Brooklyn, New York. Batten's prosecution was primarily based on the eyewitness identification of him by store salesperson Robert Evans as one of the two assailants. The salesman initially identified Batten after looking through four books of mugshots for about an hour. Based on Evans' identification Batten was arrested three days after the shooting. Although the perpetrators touched numerous items in the store, none of the recovered fingerprints matched Batten's prints. Batten testified in his defense that he was with three friends riding in a car during the time that the crime occurred, and his alibi was supported by the testimony of two defense witnesses. Batten's lawyer argued during his summation to the jury that Batten was the victim of misidentification by the salesperson whose statement to the police and his testimony during the trial described that the shooter was "clean-shaven," had a "little mustache," no beard, and no goatee. In contrast, Batten's arrest photograph taken three days after the incident clearly showed that he had prominent sideburns, a mustache and a goatee. However, the lawyer did not mention Batten's alibi defense to the jury. After Batten was convicted by a jury he was sentenced to 20 years to life in prison. Battan's conviction was affirmed by the New York state courts that also denied his post-conviction petition based on new evidence he obtained from Freedom of Information Act requests he submitted to the NYPD and the Kings County DA's Office. Batten learned the DA didn't dislose that there had been another person in the store, and that person gave a police statement and talked to an assistant DA, while Evans testified he was alone in the store with Khutorsky. The DA also didn't disclose prior to Batten's trial that five days after the crime -- and two days after Batten's arrest -- a confidential informant told the NYPD that an employee of another store owned by Khutorsky had approached his girlfriend about finding someone who would rob Khutorsky's furniture store for him on a day during which the crime in fact did occur -- and the police didn't follow up in investigating the lead until months after Batten was indicted. Batten also alleged ineffective assistance of counsel because his lawyer failed to call three credible witnesses who could have corroborated his alibi defense. After the denial of his state petition Batten filed a federal petition for a writ of habeas corpus. On August 26, 2003 by U.S. District Court Judge Jack Weinstein granted Batten's petition, stating, "The petition for a writ of habeas corpus is granted based on petitioner's claim of ineffective assistance of counsel and violations of Brady. The prisoner shall be released unless within sixty days the state commences prosecution or takes other action appropriate in light of this decision." The Kings County DA declined to retry Batten and its motion to dismiss the charges against him was granted, and he was released. In 2004 Batten and his wife Mae filed a New York state lawsuit that alleged malicious prosecution by the City of New York and four retired police officers involved in his prosecution. Batten and his wife requested punitive damages. On June 21, 2013 Judge Ash denied the defendant's motion for summary judgment and to deny Batten's claim of punitive damages. The defendants appealed. On November 25, 2015 the New York Supreme Court, Appellate Division, Second Department reversed Judge Ash's rulings on the basis the defendants did not act maliciously in prosecuting Batten, because "Here, the appellants met their initial burden of demonstrating, prima facie, that there was probable cause to arrest and prosecute Batten. The appellants submitted evidence that Batten was identified by an eyewitness to the crime and that the eyewitness appeared before the grand jury, which subsequently indicted Batten.”" |
Conviction Caused By: |
Prosecutor misconduct of concealing favorable evidence (Brady violation) and ineffective assistance of trial counsel. |
Innocence Proved By: |
"On August 26, 2003 by U.S. District Court Judge Jack Weinstein granted Batten's petition, stating, "The petition for a writ of habeas corpus is granted based on petitioner's claim of ineffective assistance of counsel and violations of Brady. The prisoner shall be released unless within sixty days the state commences prosecution or takes other action appropriate in light of this decision." The Kings County DA declined to retry Batten and its motion to dismiss the charges against him was granted, and he was released. " |
Defendant Aided By: |
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Compensation Awarded: |
Denied |
Was Perpetrator Identified? |
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Age When Imprisoned: |
22 |
Age When Released: |
42 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Batten v City of New York, 2015 NY Slip Op 08697 (NY Sup. Ct. Appellate Div, Second Dept, 11-25-2015) (Reversing lower court order denying summary judgment for defendants sued by Batten for malicious prosecution and seeking punitive damages.)" |
Information Location 1: |
http://www.courts.state.ny.us/reporter/3dseries/2015/2015_08697.htm |
Information Source 2: |
"Suit tossed for wrongfully convicted Brooklyn man who says he was jailed for 19 years without evidence, BY Christina Carrega-woodby (Staff writer), New York Daily News, November 30, 2015" |
Information Location 2: |
http://www.nydailynews.com/new-york/brooklyn/brooklyn-man-jailed-19-years-evidence-article-1.2450182 |
Information Source 3: |
"Judge Tosses Two Slay Convictions, By Kati Cornell Smith (Staff writer), New York Post, August 27, 2003" |
Information Location 3: |
http://nypost.com/2003/08/27/judge-tosses-two-slay-convictions/ |
Information Source 4: |
"Batten v. Griener, No. 97-CV-2378 (JEW), 03-MISC-0066 (JEW) (E.D.N.Y. Aug 26, 2003) (Granting Batten's writ of habeas corpus and ordering new trial.)" |
Information Location 4: |
https://casetext.com/case/batten-v-griener |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org