Late in the evening of August 4, 1994, an exchange student from Japan was returning from work to his residence. He would never safely reach the refuge of his apartment, as he would be fatally shot in the head by the defendant during a botched robbery on the 4th floor stairwell of his building. Upon entering his building, he was followed into the elevator by the defendant and an individual while a third individual waited in the lobby. During the ensuing robbery attempt that commenced after the exchange student exited from the elevator, a physical altercation developed between the victim and the perpetrators culminating with the defendant discharging his weapon at the exchange student.
For his part, the defendant alleged that the shooting was accidental. In a written statement given to the police, the defendant wrote that the three of them went up in the building and they saw a Chinese man and they all got off and the Chine man ran out the elevator and started to fight back and the gun went off by mistake. During the course of the next 18 years the defendant would claim that this statement, as well as a subsequent statement memorialized on videotape, were untrue, and were illegally obtained by the police because they tricked him into confessing. In fact, he would later claim that he was not present at the time of the shooting, but was instead with his girlfriend driving her back to the Bronx.
The defendant proceeded to a jury trial and was convicted of two counts of Murder in the Second Degree and one count of Criminal Possession of a Weapon in the Second Degree. The defendant was sentenced to concurrent indeterminate prison terms of from 25 years to life on each of the murder convictions and from 5-15 years on the Criminal Possession of Weapon conviction. The defendant’s judgment of conviction was affirmed by the Appellate Division and leave to appeal to the Court of Appeals was denied. As is his right, the defendant has consistently sought judicial relief, having filed four prior Criminal Procedure Law (CPL 440.10) motions seeking to vacate his conviction. He has also sought writs of error coram nobis on three occasions and he has petitioned for a writ of habeas corpus in the Federal District Court. All efforts have proven unsuccessful and the defendant remains incarcerated.
Before turning to the current motion now before the County Court, the defendant’s most prior CPL 440.10 motion must be referenced in order to provide context to this proceeding. That motion was filed by the defendant after the Queens County District Attorney’s Office had given their consent for DNA testing of fingernails and fingernail scrapings of the victim which had been collected during the autopsy of the exchange student. The tests were performed by Criminalist of the Office of the Chief Medical Examiner. In sum and substance, the results, as set forth in her sworn affidavit, indicated that some of the preserved evidence yielded sufficient DNA (deoxyribonucleic acid) for PCR (polymerase chain reaction) and High Sensitivity PCR DNA testing and that they yielded a DNA profile that was the same or consistent with the exchange student’s DNA profile. However, no conclusions could be drawn regarding the source of DNA alleles detected in right nail and right nail scraping which could not be attributed to the exchange student. And, although human DNA was found on right nail and left nail scrapings, the amount of DNA recovered was insufficient to conduct High Sensitivity PCR DNA testing.
To Be Cont..
Nowadays, even in our homes are not fully safe from people with bad intentions. If you experienced crime in the hands of someone and would want to make sure that the people responsible would pay in jail for what they did, consult the Queens County Criminal Lawyer together. You can also seek the legal advice of the Queens County Possession of a Weapon Lawyer and the Queens County Arrest Attorney from Stephen Bilkis and Associates.