NEW YORK (AP) — After serving nearly 24 years in prison before being granted clemency and starring in last year’s movie “ Sing Sing,” Jon-Adrian “JJ” Velazquez has officially been exonerated of a murder prosecutors now say he didn’t commit.
A Manhattan judge on Monday vacated the 48-year-old’s wrongful conviction in the killing of retired New York City police officer Albert Ward during a robbery in 1998.
Outside of court, Velazquez donned a cap with the phrase “End of an Error” and he and his mother raised their hands in victory. He told reporters he considered himself a “lucky man” that so many people believed in him over the years.
But Velazquez said he also wondered if he was free only because of the notoriety of his case, which has been the subject of a documentary, podcasts, a movie and a book.
“We should not have a system where it’s so much easier to imprison the poor than it is to free the innocent,” he said. “It has always been this way, but it doesn’t have to be, because we deserve better.”
The judge’s order came after Manhattan District Attorney Alvin Bragg’s office joined in Velazquez’s request to vacate the conviction.
Prosecutors, in filings ahead of Monday’s hearing, cited newly discovered DNA evidence that they argued cleared Velazquez’s name.
“JJ Velazquez has lived in the shadow of his conviction for more than 25 years, and I hope that today brings with it a new chapter for him,” Bragg said in a statement.
Velazquez appeared as himself in “Sing Sing,” a film starring other former inmates and actor Colman Domingo as an incarcerated man who helps lead a theater program at the nearly two century old maximum-security prison 30 miles (48 kilometers) upriver from New York City.
Velazquez had been sentenced to 25 years to life at Sing Sing before then-Gov. Andrew Cuomo granted him early release in 2021.
Prosecutors say two people had been robbing an underground gambling parlor in Harlem on Jan. 27, 1998 when Ward pulled out a gun. A struggle ensued and the 59-year-old was shot and killed by one of the robbers.
Velazquez was convicted in 1999 in a case that largely hinged on four eyewitness accounts.
But Velazquez and his mother maintained he was on the phone with her from his Bronx home at the time of the shooting.
Two of the witnesses recanted their statements identifying Velazquez, although one would later change his mind again.
Bragg’s office reopened the case in 2022 and had the medical examiner’s office compare Velazquez’s DNA to a betting slip handled by the suspect.
The DNA comparison — which was not available at the time of his trial — found that Velazquez’s DNA wasn’t on the slip.
Prosecutors concluded that the results of the DNA testing could have impacted the jury’s decision. They also noted that no physical evidence connected Velazquez to the crime, and that eyewitnesses provided inconsistent statements.
“Mr. Velazquez has served his sentence, and any re-trial would not only be nearly impossible to prove, but also unjust,” their court filing reads.
Velazquez’s efforts to get his conviction tossed were boosted by “West Wing” and “Apocalypse Now” star Martin Sheen, who held a press conference spotlighting the case in 2011. NBC’s “Dateline” also examined it in 2012.
While behind bars, Velazquez earned a bachelor’s degree, worked as a teaching fellow for a Columbia University professor and enlisted fellow inmates in launching gun violence prevention, youth mentorship and other programs.
He also helped other inmates appeal their convictions — work he has continued since his release.
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Follow Philip Marcelo at twitter.com/philmarcelo.