Judge Testifies On Behalf Of Murderer, Says He Was Biased In Conviction
NEW YORK (CBSNewYork) -- A bizarre, unprecedented case unfolded in a Brooklyn courtroom after a judge who convicted a gunman 15 years ago changed his tune and admitted he was biased in the case.
But as CBS 2's Dick Brennan reported, the judge's admission was not enough for Judge Shawndya Simpson to vacate Donald Kagan's conviction.
Kagan was found guilty of murdering 23-year-old Wavell Wint in East New York 15 years ago.
Judge Testifies On Behalf Of Murderer, Says He Was Biased In Conviction
But recently, the now-retired judge who rendered the guilty verdict, Frank Barbaro, has said he was biased against Kagan.
"What I did to Kagan was a travesty," Barbaro said.
The retired judge said his years as a civil rights activist triggered a racial bias against Kagan, and earlier this year, after being haunted for years, Barbaro testified at a hearing that the conviction should be overturned.
"I would say 'oh yea he was guilty, he was guilty, he was guilty,' but then slowly this little man got in there in my brain and started saying 'are you sure?'" Barbaro said.
Kagan chose not to have a jury trial, so if the judge who rendered him guilty now says he's innocent, should he go free? The court says no.
In her ruling, Judge Simpson wrote: "This court finds that Judge Barbaro's claims of bias and prejudice are mere afterthoughts and second-guesses...This court finds there is no evidence the judge acted with bias towards the defendant at the time of the verdict."
The family of the victim said they're satisfied, but even they weren't sure how the case would go.
"It was a little surprising, it was," Wi's mother-in-law said. "I didn't expect to hear that."
Judge Simpson also said she believed the evidence against Kagan did not support a second-degree murder conviction, and perhaps it should have been a lesser charge, Brennan reported.
"But she did not have the authority under the statute to reduce it to that. So it was an all or nothing kind of situation," said Kagan's attorney, Richard Mischel.
Judge Simpson told Brennan off camera that she's asked the district attorney to reduce the charges in the case, so that Kagan can be freed with time served, but the DA won't budge.
Kagan is currently serving 15 years-to-life behind bars. He will soon be up for parole.
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