Brooklyn Friends Cleared of Murder Charges in 1987 Times Square Case

After spending decades in prison for the murder of a French tourist in Times Square on New Year’s 1987, two Brooklyn friends have finally been cleared of the charges. Eric Smokes, 56, and David Warren, 53, who were teenagers at the time of their arrest, were convicted based on eyewitness testimony from other teens. However, both men maintained their innocence throughout the years.

Wrongful Convictions and New Evidence

Warren was released from prison in 2007, while Smokes was released in 2011. During his time behind bars, Smokes received a letter from the prosecution’s key witness, who admitted to lying about Smokes confessing to the crime. The witness had only identified Smokes to protect himself in an unrelated mugging case. Smokes and Warren’s attorneys also uncovered other flaws in the prosecution’s case.

Refusal to Vacate Convictions

Despite the new evidence, the Manhattan District Attorney’s Office, under Cyrus Vance Jr., refused to support the pair’s bid to vacate their convictions. This denial was met with anger and disappointment from Smokes and Warren, who had been fighting for justice for 33 years.

Reopening the Case

However, in 2022, Manhattan DA Alvin Bragg ordered the case to be reopened after taking office. The DA’s office’s Post-Conviction Justice Unit conducted interviews with over 20 witnesses and discovered new gaps in the case. One purported eyewitness to the robbery now denies being at the crime scene, and Smokes and Warren’s alibi was corroborated by several friends.

Convictions Tossed and Pursuit of Justice

At a hearing in Manhattan Supreme Court, Judge Stephen Antignani vacated the convictions against Smokes and Warren. In a statement, DA Alvin Bragg expressed admiration for the men’s advocacy and hoped that the decision would bring them comfort and justice. It is unclear at this time whether Smokes and Warren plan to file a lawsuit against the city.