Judge Revisits '91 Murder Case, Overturns Verdict

By: Rebecca Spitz

To view our videos, you need to
enable JavaScript. Learn how.
install Adobe Flash 9 or above. Install now.

Then come back here and refresh the page.

A judge on Thursday overturned the conviction of a man who had been serving a 23-year sentence for a 1991 murder after a group of witnesses changed their statements. NY1's Rebecca Spitz filed the following report.

Fernando Bermudez has spent the last 18 years at the Sing Sing Correctional Facility. He was convicted in 1991 of shooting and killing a 16-year-old boy outside a night club near Union Square. But all along, he has insisted he was in prison for a crime he did not commit.

When he walked into court Thursday morning in handcuffs, he didn't know what was going to happen but was hoping the judge would agree.

The courtroom went wild after Justice John Cataldo read his decision. Bermudez wept openly and his family and friends could barely contain their happiness.

Four of six witnesses who had originally identified Bermudez as the killer recanted, after evidence surfaced that they had gotten together as a group to pick his mug shot out of a photo lineup.

In a sweeping indictment of the original prosecution, the judge agreed there was no basis for Bermudez' conviction.

"Oh my God, the torture's over. We don't have to be tortured anymore. My kids get to have their father now and I get to have my husband and his parents get to have their son. It was just too long but justice is ours today," said Bermudez' wife, Crystal.

"The judge could not have been more clear in telling the world what Fernando's friends, family and supporters have known for 20 years. Fernando Bermudez is innocent. It's a tragedy it has taken half his life to get to this point but this is a wonderful day for Fernando Bermudez and a wonderful day for the criminal justice system," said Bermudez' attorney, Barry Pollack.

The judge also dismissed the original indictment, a ruling that bars a retrial. Prosecutors, on the other hand, say they still think he's guilty and may consider an appeal.

It's not clear when Bermudez will actually be going home. He is facing two years in federal prison on an old drug conviction, but his lawyer is planning to ask that Bermudez get credit for the time he's already served.

The judge said he will recommend the same thing.