Queens DA Files Joint Motion to Vacate Conviction in 1995 Robbery

Queens DA Files Joint Motion to Vacate Conviction in 1995 Robbery

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At a consolidated trial in September 1997, Breland was also convicted of a second robbery under a separate indictment number.

By Forum Staff

Queens District Attorney Melinda Katz on Friday filed a joint motion with the defense to vacate

Chad Breland’s conviction and 15-year sentence for a Nov. 27, 1995, armed robbery in Far Rockaway.

The Hon. Michelle Johnson granted the joint motion and dismissed the indictment at the People’s request.

File Photo “In light of the new evidence, justice requires vacating Breland’s conviction,” Katz said.

File Photo
“In light of the new evidence, justice requires vacating Breland’s conviction,” Katz said.

The motion cited evidence uncovered by the DA’s Conviction Integrity Unit that both implicates another man in the crime and undermines the identifications relied on at trial to convict Breland. The CIU’s investigation stemmed from the discovery of an April 2000 fingerprint report connecting another man to the crime scene. Other evidence developed in the CIU’s investigation further implicated this man (and not Breland) in the crime. Although the April 2000 fingerprint report was forwarded to the 101st Precinct and other NYPD officials at the time, the Queens District Attorney’s Office was never notified of the fingerprint identification.
At a consolidated trial in September 1997, Breland was also convicted of a second robbery under a separate indictment number. He was sentenced to a consecutive 15-year term for the second robbery under that indictment, which is not the subject of the joint motion. Because Breland has completed his 15-year term on the remaining indictment, he was released from prison Friday.

“The discovery of new forensic evidence has raised serious questions about the conviction of Mr. Breland more than two decades ago. The fingerprint report at issue did not exist at the time of Mr. Breland’s trial and was never forwarded to the District Attorney’s office. In light of the new evidence, justice requires vacating Breland’s conviction,” Katz said. “Our office has also taken steps to ensure that, in the future, similar fingerprint evidence developed by the NYPD Latent Print Section after a case is closed is forwarded to our office in a timely manner.”

 

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