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After Serving Decades in Prison for Murder, Two Men Fought to Clear Their Names

After Serving Decades in Prison for Murder, Two Men Fought to Clear Their Names

Update: 2024-06-111
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Eric Smokes and David Warren, lifelong friends from Brooklyn, were convicted of second-degree murder in 1987 based on the testimony of a teenager, James Walker, who later recanted his statement. Despite Walker's confession and their consistent claims of innocence, their appeals were unsuccessful. They faced a difficult choice: maintain their innocence and potentially remain in prison for life, or admit guilt to increase their chances of parole. Both men ultimately chose to admit guilt, a decision they later regretted. In 2018, they received a hearing in state Supreme Court, where witnesses recanted their testimonies, but Walker's death prevented him from testifying. The judge denied their motion to vacate their convictions, citing their admissions of guilt. However, in 2023, a new district attorney, Alvin Bragg, reopened their case and ultimately vacated their convictions, exonerating them after 37 years. While relieved, both men expressed anger and frustration at the length of time it took to achieve justice and the impact it had on their lives.

Outlines

00:00:00
Introduction

This Chapter introduces the podcast episode, highlighting the story of Eric Smokes and David Warren, two men wrongfully convicted of murder in 1987. The episode will follow their decades-long fight to clear their names and the eventual exoneration they achieved in 2023.

00:01:53
The Crime and the Conviction

This Chapter delves into the events leading up to the arrest and conviction of Eric Smokes and David Warren. It details their New Year's Eve trip to Times Square, their encounter with the police, and the subsequent interrogation. The chapter also highlights the key witness, James Walker, who implicated them in the murder, and the pressure placed on other witnesses to testify against them.

00:15:43
The Parole Board and the Innocent Prisoner's Dilemma

This Chapter explores the difficult decision Eric and David faced while incarcerated: whether to maintain their innocence and potentially remain in prison for life, or admit guilt to increase their chances of parole. The chapter discusses the concept of the 'innocent prisoner's dilemma' and the pressure to show remorse to gain parole. It also details their eventual release on parole after admitting guilt.

00:19:59
The Fight for Exoneration

This Chapter focuses on Eric and David's continued fight to clear their names after their release from prison. It describes their efforts to find legal representation, the hearing in state Supreme Court, and the recantations of key witnesses. The chapter also highlights the impact of James Walker's death and the judge's denial of their motion to vacate their convictions. It concludes with the eventual exoneration in 2023 under the new district attorney, Alvin Bragg.

Keywords

Eric Smokes


Eric Smokes is one of the two men wrongfully convicted of murder in 1987. He was 19 years old at the time of his arrest and spent 24 years in prison before being released on parole in 2011. He continued to fight for his exoneration and was finally cleared of all charges in 2023.

David Warren


David Warren is the other man wrongfully convicted of murder in 1987. He was 16 years old at the time of his arrest and spent 20 years in prison before being released on parole in 2007. He also continued to fight for his exoneration and was finally cleared of all charges in 2023.

James Walker


James Walker was a teenager who testified against Eric Smokes and David Warren at their trial in 1987, implicating them in the murder. He later recanted his testimony, admitting that he had lied under pressure from law enforcement. Walker's death in 2019 prevented him from testifying at their hearing in 2018.

Wrongful Conviction


A wrongful conviction occurs when a person is found guilty of a crime they did not commit. Wrongful convictions can result from various factors, including false confessions, unreliable eyewitness testimony, and prosecutorial misconduct. Eric Smokes and David Warren's case is an example of a wrongful conviction that was overturned after decades of fighting for justice.

Exoneration


Exoneration is the act of clearing someone of a criminal charge or conviction. It typically involves a formal declaration of innocence, often after a review of the case or new evidence comes to light. Eric Smokes and David Warren were exonerated in 2023 after their murder convictions were vacated.

Alvin Bragg


Alvin Bragg is the current district attorney for Manhattan. He took office in 2022 and made a campaign promise to revamp the unit that reviews allegations of wrongful convictions. His office reopened the case of Eric Smokes and David Warren, ultimately leading to their exoneration.

Innocent Prisoner's Dilemma


The innocent prisoner's dilemma is a situation faced by innocent people incarcerated for crimes they did not commit. They are often pressured to admit guilt to increase their chances of parole, even though it means sacrificing their truth and potentially jeopardizing their future legal options.

Q&A

  • What led to the wrongful conviction of Eric Smokes and David Warren?

    They were convicted based on the testimony of a teenager, James Walker, who later admitted to lying under pressure from law enforcement. The police also relied on the testimony of other young men who claimed to have seen them at the crime scene, but these witnesses later recanted, stating they had been pressured by police.

  • Why did Eric and David choose to admit guilt to the parole board?

    They felt they had no choice but to lie to increase their chances of parole. They knew that maintaining their innocence could mean spending the rest of their lives in prison.

  • What role did Alvin Bragg play in their exoneration?

    As the new district attorney for Manhattan, Bragg made a campaign promise to review wrongful convictions. His office reopened their case and ultimately vacated their convictions, leading to their exoneration.

  • What were the challenges Eric and David faced in their fight for exoneration?

    They struggled to find legal representation, faced delays in the legal process, and experienced the emotional toll of fighting for justice for decades. They also had to deal with the consequences of their decision to admit guilt to the parole board, which was later used against them in court.

  • What impact did their wrongful conviction have on their lives?

    They spent decades in prison, missing out on important life experiences and opportunities. They also faced the stigma of being convicted felons, which impacted their relationships and their ability to rebuild their lives after their release.

Show Notes

For years, the staff writer Jennifer Gonnerman has reported on the case of Eric Smokes and David Warren. When they were teen-agers in Brooklyn, in 1987, Smokes and Warren were convicted of second-degree murder during the mugging of a tourist; the papers called them “the Times Square Two.” It was the testimony of another teen-ager, who received a reduced sentence in a separate case for his coöperation, that sent them to prison. Ever since, Warren and Smokes have protested their innocence, and Walker later acknowledged that he had lied. But in requesting parole, after years in prison, the two men had to take responsibility for their crime, and four years ago, a judge denied their appeal. Gonnerman tells the story of their long fight for justice, and how it finally came to pass. 

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After Serving Decades in Prison for Murder, Two Men Fought to Clear Their Names

After Serving Decades in Prison for Murder, Two Men Fought to Clear Their Names

WNYC Studios and The New Yorker