U.S. judge tosses three murder convictions for 1995 torching of New York subway toll booth worker
After decades in prison, three men were cleared Friday in one of the most horrifying crimes of New York’s violent 1990s – the killing of a clerk who was set on fire in a subway toll booth.
“What happened to us can never be fixed,” Ellerbe told the court as he quietly described the ordeal of prison. “They break you, or they turn you into a monster.” In fact, Irons was home with his mother, around the corner from the subway station, when he heard the explosion and called 911 – a call that was never played for jurors, said his lawyer, David Shanies.
Police eventually came to question Irons, getting a confession that he acted as a lookout. He implicated Malik and Ellerbe as the ones who had torched the toll booth. The same witness’ identification of Malik was also problematic, partly because she had earlier pointed to someone else – a man an informant had named separately, prosecutors said.
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