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Wrongly Convicted Database Record
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Charge: |
Felony Murder |
Sentence: |
25 yrs to life imprisonment |
Years Imprisoned: |
25 |
Year Crime: |
1990 |
Year Convicted: |
1990 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
New York |
City of Crime: |
New York City |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Johnny Hincapie was wrongly convicted on December 10, 1991 of second-degree murder and two counts of first-degree robbery and two counts of second-degree robbery related to the stabbing death of Brian Watkins on subway platform in Manhattan, New York in September 1990. Hincapie was one of eight young men initially arrested in the crime. Hincapie's prosecution was based on his confession, that he claimed was beaten out of him by police interrogators. Hincapie's defense was he was not on the subway platform at the time of the stabbing. After his conviction by a jury Hincapie was sentenced on January 3, 1992 to concurrent terms of 25 years to life in prison for murder and eight and one-third to twenty-five years for each count of first degree robbery, and five to fifteen years for each count of second degree robbery. Hincapie's conviction was affirmed by the New York Supreme Court Appellate Division on July 6, 1995. Hincapie filed a post-conviction motion for a new trial that was denied on August 15, 2001. Hincapie's primary claim was his right to present a complete defense was denied by the the trial judge barring the jury from hearing a videotaped confession of co-defendant Ricardo Lopez that Hincapie alleged exculpated him. Hincapie filed a post-conviction (CPL 440.10) motion based on new evidence by three witnesses corroborating he wasn't on the subway platform. That motion was granted on October 6, 2015. The New York County District Attorney appealed, arguing that Hincapie didn't exercise due diligence in finding the new evidence. On September 27, 2016 the Appellate Division of the Supreme Court of New York, First Department affirmed the trial court's order reversing Hincapie's conviction and ordering a new trial. The Court ruled that it is undisputed that Hincapie exercised due diligence in discovering the new evidence by one of the witnesses. On January 25, 2017 the New York County DA's motion to dismiss the indictment against Hincapie was granted. In April 2018 Hincapie filed a federal civil rights lawsuit that named the City of New York and NYPD officers involved in his case. The lawsuit alleged the detectives named in the suit manufactured evidence, coerced his confession, and concealed misconduct to ensure his conviction." |
Conviction Caused By: |
False confession extracted by police coercion. |
Innocence Proved By: |
"On January 27, 2017 the Manhattan (New York County) District Attorney's motion to dismiss the indictment against Johnny Hincapie was granted." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
18 |
Age When Released: |
43 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Johnny Hincapie will not face retrial for 1990 subway murder, By Shayna Jacobs and Larry McShane (Staff writers), New York Daily News, January 25, 2017" |
Information Location 1: |
http://www.nydailynews.com/new-york/nyc-crime/johnny-hincapie-not-face-retrial-1990-subway-murder-article-1.2955129 |
Information Source 2: |
"People v. Hincapie, 217 AD 2d 401, 629 N.Y.S.2d 416 (NY Appellate Div., 1st Dept. 1995) (Denying direct appeal.)" |
Information Location 2: |
"https://scholar.google.com/scholar_case?case=11839746929709588214&q=Johnny+Hincapie&hl=en&as_sdt=6,48" |
Information Source 3: |
"People v. Hincapie, 2016 NY Slip Op 6176 (NY Appellate Div., 1st Dept. 9/27/2016) (Affirming trial court's grant of post-conviction motion for a new trial.)" |
Information Location 3: |
"https://scholar.google.com/scholar_case?case=8637713561817153134&q=Johnny+Hincapie&hl=en&as_sdt=6,48" |
Information Source 4: |
"Man Cleared in '90 Subway Killing Sues City for Wrongful Conviction: Johnny Hincapie was freed in 2015 after evidence raised questions over his conviction in the 1990 killing of a tourist on a Manhattan subway platform, By Colby Hamilton, New York Law Journal, April 19, 2018" |
Information Location 4: |
https://www.law.com/newyorklawjournal/2018/04/19/man-cleared-in-90-subway-killing-sues-city-for-wrongful-conviction/?kw=Man%20Cleared%20in%20%2790%20Subway%20Killing%20Sues%20City%20for%20Wrongful%20Conviction&et=editorial&bu=New%20York%20Law%20Journal&cn=20180419&src=EMC-Email&pt=Breaking%20News |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org