New Trial Ordered for Martin Tankleff

[TobyTiger]

http://www.msnbc.msn.com/id/22360687

NEW TRIAL ORDERED FOR LONG ISLAND MAN ACCUSED OF KILLING PARENTS

WNBC-TV
updated 2 hours, 23 minutes ago
NEW YORK - A New York appeals court Friday overturned the conviction of Martin Tankleff, the man who was 17 years old when he was arrested and charged with killing his parents in their Belle Terre, Long Island, home. The court ordered a new trial. Under intense questioning by detectives, Tankleff had confessed to the crime but then immediately recanted. In ordering the new trial, the appeals court pointed to new evidence, including sworn statements from witnesses who raised questions about whether another suspect or suspects are really to blame. The court also pointed to the questionable confession that Tankleff quickly recanted as more dubious in light of the new theories possibly linking others to the crime.


PDF: Read The Decision Tankleff was convicted in 1990, although he had said a former business partner of his father was to blame for the killings. Tankleff has served 17 years in prison. In a unanimous ruling, the Second Judicial Department judges wrote that they, based on "newly-discovered evidence, vacate the judgments and the sentences imposed thereon and remit the matter to the County Court, Suffolk County." A spokeswoman for the Suffolk County district attorney said her office had not yet reviewed the decision and had no comment. A lawyer associated with the appeal said prosecutors will have to decide whether they have any basis to try to appeal the reversal to a higher court or to seek a new trial. Tankleff's attorney has claimed the former business partner hired two men to carry out the killings. In the decision, the court points to new evidence and conflicting statements from numerous separate witnesses.

One claim, for example, comes from a man named Glenn Harris who allegedly admits to driving to the Tankleff house with two other men the night of the killings. A priest, Father Richard Lemmert, said Harris also authorized him to disclose his admissions.

more at the link

[chambord]

I am thrilled Martin has a new chance. Its about time.

moo

[LiveLaughLuv]

Yes, it is great news. Here is another man who may be innocent.

SCPD is very corrupt, this is what I was trying to show at the DeFeo case. They used tactics to get Marty to confess, saying his father, before he died told us his son did this.

When finally someone took note, it took Private Investigator Salpeter to get this case some attention.

Kudos to Marty!

[TLC]

Hi Toby!

I'm so glad you posted this. I have lots to add here.

Again- Thank you:basic44:

[TobyTiger]

Hi Toby!

I'm so glad you posted this. I have lots to add here.

Again- Thank you:basic44:

You're welcome!

Just ran across it last night while reading at msnbc.com and thought it might be an interesting case to have here. It seems he just might be innocent...and what a waste of 17 years of his life if he is.

[TLC]

Absolutely! I've always thought Marty was innocent.

[TLC]

http://www.newsday.com/images/covers/lli.jpg

Full story here.

http://www.newsday.com/services/newspaper/printedition/saturday/

[Justiceguy]

I thought I posted on this yesterday as your first response. I am so happy that this is happening. This young man never should have been accused. IMO Let's get on with the next trial..

[TLC]

I thought I posted on this yesterday as your first response. I am so happy that this is happening. This young man never should have been accused. IMO Let's get on with the next trial..


Sorry, I thought your first post was about an old trial. My bad. I just received a phone call about this.

[LiveLaughLuv]

You're welcome!

Just ran across it last night while reading at msnbc.com and thought it might be an interesting case to have here. It seems he just might be innocent...and what a waste of 17 years of his life if he is.


Absolutely, he was 17 when this happened and spend 17 years in jail. What a wasted youth.

Not only was this man's freedom taken from him, they took his adulthood from him, besides loosing his family.

Shame on SCPD and shame on the jurors who convicted.

[LiveLaughLuv]

I thought I posted on this yesterday as your first response. I am so happy that this is happening. This young man never should have been accused. IMO Let's get on with the next trial..

Absolutely JG. If this conviction is overturned then I hope every case Detective Rafferty aided in getting a conviction will all be retried.

Yippeee, Virginia, there is a Santa Clause! :22wink:

[GardenGirl]

This is the best news ever!! I followed this case when it happened, and I can't believe it's taken this long to get here.
GG

[LiveLaughLuv]

DA agrees on Tankleff release until new trial
BY ALFONSO A. CASTILLO AND MICHAEL AMON | alfonso.castillo@n
December 23, 2007

Suffolk District Attorney Thomas Spota said yesterday that Martin Tankleff should not spend another day in jail while awaiting a new trial on charges that he murdered his parents.

But he said he "respectfully disagreed" with the appellate justices who overturned Tankleff's conviction and said they "don't give me any alternatives" but to retry Tankleff, 36.

Spota's words came as prosecutors and Tankleff's attorneys said they have agreed on a bail package that would allow the Belle Terre man to be freed this week.

Despite his office's steadfast opposition to Tankleff's efforts to be exonerated, Spota also said yesterday that he has never maintained that Tankleff killed his parents.

"I never said that he did or did not," Spota said.

"What I have consistently said is that I do not believe that the people that the Tankleff team have said killed these people did indeed kill them."

Tankleff's defense team has contended that a disgruntled business partner of Tankleff's father hired a hit man to kill the elder Tankleff.

A county court judge will consider bail this week, said Tankleff's attorney, Bruce Barket of Garden City. Barket would not reveal the amount of the agreed-upon bail.

http://www.newsday.com/news/local/crime/ny-lispot235512499dec23,0,4174799.story

[Tempus Fugit]

Am I the only one here who believes Tankleff is guilty? :shock:

[TobyTiger]

To everyone...

I'm pleased to see so many followed this case as it is new to me, however what caught my attention was his age and the likelihood that someone else committed the murders.

Thanks to TLC for the link to the full coverage at Newsday!
:INhouseReading04:

[Daci]

Am I the only one here who believes Tankleff is guilty? :shock:

I used to think he was guilty, but the more I read about this case, I became convinced that his confession was coerced.

[TobyTiger]

I used to think he was guilty, but the more I read about this case, I became convinced that his confession was coerced.

From what I have read so far, I agree that it appears coerced.

[LiveLaughLuv]

Salpeter was on the Dr. Phil show. IIRC, the detectives did use coerson to get this confession. The biggest factor was the alleged blood on a knife, turned out to be watermelon juice.

There is no secret, SCPD is very corrupt.

[TobyTiger]

Salpeter was on the Dr. Phil show. IIRC, the detectives did use coerson to get this confession. The biggest factor was the alleged blood on a knife, turned out to be watermelon juice.

There is no secret, SCPD is very corrupt.

Watermelon juice? Please tell me this was discovered before he was tried and convicted...
:mad:

[LiveLaughLuv]

“Detective McCready had walked out of the room, came back and said, 'They just pumped your father full of adrenaline, and we've got your father on tape saying, "Marty, you did it. And just tell us that you did it.’” Well, I believed them because I knew that my father never lied to me, and I was always brought up that the cops don't lie to you. That written statement that people attribute to me is not in my handwriting. It's not signed by me.

Dr. Phil is joined by Marty’s aunt, Marianne, and his cousin, Jennifer. He asks Marianne, “Did he do it?”

“Absolutely not,” she replies.

Dr. Phil then turns to Jennifer and asks the same question.

“No,” she says firmly.

“How do y'all know that?” Dr. Phil asks. “He confessed.”

“Because we went through the trial,” says Marianne, “and they never proved to us that he did it. The confession, that written confession that was probably done by Detective McCready, does not match the evidence. So that's how you know.”

The two women are resolute in their belief that Marty didn’t do it. Instead, they believe three men were hired to carry out the killings.

Marty provides some background in his own words: “My father, Seymour Tankleff, and Jerry Steuerman became friends in the early 1980s. Eventually the two got into business together. My father invested probably a half a million dollars. They were business partners in the bagel stores. I knew there was a lot of tension between my father and Jerry Steuerman. Their relationship deteriorated dramatically. My gut feeling is that my father wanted out completely with the business. My parents were fearful of Jerry Steuerman. When I saw my father, I felt that the fears of my parents had come true.” .
http://drphil.com/shows/show/819/

[LiveLaughLuv]

Dr. Phil introduces Detective McCready, the man who originally interrogated Marty, who joins by phone. He asks, “Are you at all moved by any of what people are calling new evidence that has surfaced? Does any of that have any impact on your confidence that you've got the right man?”

“None whatsoever,” the detective replies. “I know I have the right man. He knows he's the right man. He can sit there and lie to all the people he wants to lie to; he can try to make up this story. No matter what happens, no matter what happened that night, my biggest question is how come Marty wasn't dead too? The money situation, the debt to the family, it didn't go away by Seymour and Arlene being murdered. So, killing those two people solved no problem for Jerry Steuerman, none whatsoever.”


“Did you coerce this confession?” asks Dr. Phil.

“No, I didn't coerce this confession,” Det. McCready responds. “Did I use trickery and deceit? Yes, I did. Am I allowed to do that? The United States Supreme Court said that I can, OK? You've got to be very careful when you do anything like that. You can't tell a guy that you know he did a burglary because you found his fingerprints at the scene when he damn well knows that he was wearing gloves. So, there goes my credibility out the window. That's why when I said to him about pumping his father full of adrenaline that he came out of the coma, Marty wouldn't have any idea of whether they did or they didn't at that time. And, the bottom line is nobody confesses to a murder, especially of their mother and father, you know, based on the fact that I gave him a false statement. That's what I gave him, I gave him a false statement, and he admitted that he killed his mother and father. Nobody admits to killing his mother and father if he didn't do it.”


http://drphil.com/slideshows/slideshow/3601/?id=3601&isTip=&slide=1&null=null

[Tempus Fugit]

:0009: He confessed to murdering his parents, when he didn't? I saw him interviewed on TV a couple of years ago and remember at the time that he wasn't believable back then. He had just as much motive as this alleged business partner of his father's.

All these years later, can the police dig up information to substantiate what he's said about the business relationship between those two men?

[LiveLaughLuv]

:0009: He confessed to murdering his parents, when he didn't? I saw him interviewed on TV a couple of years ago and remember at the time that he wasn't believable back then. He had just as much motive as this alleged business partner of his father's.

All these years later, can the police dig up information to substantiate what he's said about the business relationship between those two men?

Obviously so, or Spota wouldn't have let him go free. They must have looked into this since the detective said just because they murdered their business partner, it would not make the debt go away? How idiotic is that?

If you read through the above post, the son of the father who is the real alleged killer, confessed to his son and also told his son he paid the detective $100,00.00 to keep his name out of it. Also Salpeter claims the alleged knife and dumbell were too "clean" to have been used as the murder weapon.

It's no big secret SCPD was/is very corrupt. When a detective gets this "gut" feeling, he uses deceptive tactics to coerce a confession. This is no different. Marty has spent half of his life in jail for two murders he did not commit. Police who break the law, in the name of upholding the law, are no different then the criminals they place in jail. If you are to uphold the law, then I feel it must be to the letter of the law.

What I would like to see is this confession and what is written in it!

[LiveLaughLuv]

“So you believe there was a hit man, and a partner and a driver,” Dr. Phil clarifies.

“Correct,” says Marianne, “that were hired by my brother-in-law's business partner.”

“Who owed him a lot of money,” adds Jennifer.

“Half a million,” says Marianne.

The women confirm that after the murders, Steuerman staged his own death and went to California.

“OK,” says Dr. Phil. “That looks a little fishy.”

“Ya’ think?” asks Marianne with sarcasm.

Dr. Phil asks, “If what you're saying is true, and that this is known, and, like, this business partner who had motive because he owed him money, and changes his appearance, and disappears and goes on the run at that point, how is that not reasonable doubt?”

“Well, I think what the detective said is correct,” Marianne explains. “If you get a confession, that's one thing, but you have to have evidence to back it up. And the detective in this case did not continue to look for somebody else other than Marty to commit the crime. So he stopped at the confession. He had finished his job, as far as he was concerned.”
http://drphil.com/slideshows/slideshow/3603/?id=3603&slide=4&null=null

[LiveLaughLuv]

BY MICHAEL AMON | michael.amon@newsday.com
3:37 PM EST, December 22, 2007
Article tools
E-mail Share
Digg Del.icio.us Facebook Fark Google Newsvine Reddit Yahoo Print Reprints Post Comment Text size: Suffolk District Attorney Thomas Spota said Saturday that he expects Martin Tankleff to return to a Suffolk courtroom by Friday, and that he believes the Belle Terre man should not spend another day in jail while he awaits a new trial on charges that he murdered his parents.

The district attorney's office and Tankleff's lawyers have agreed upon a bail amount that will be presented to a Suffolk County Court judge this week, said Tankleff's attorney Bruce Barket. He would not reveal the amount of the bail package.

"These things have a way of unraveling, but there's no reason why Marty won't be out of jail by by Friday," Barket said.



Related links
The ruling
After nearly 2 decades, Tankleff family awaits conclusion
Case retry will challenge prosecutors
Neighbors agree with Tankleff ruling
The Martin Tankleff case Photos
Court filings: People v. Tankleff
Previous Coverage in Tankleff Case
Sworn Statements in Tankleff Case Multimedia
Barket commended Spota's office for moving quickly after Friday's appellate court ruling, which reversed his conviction.

"It's appropriate that prosecutors who work hard to keep people in jail - which he has done - are equally energetic to get people out who the courts say should be out," Barket said.

A state appeals court overturned the conviction of Martin Tankleff Friday on charges that he brutally murdered his parents as a teenager, setting up a potential sequel of a trial that riveted Long Island 17 years ago.

The unanimous ruling by four justices of the state Supreme Court's Appellate Division did not find Tankleff innocent in the 1988 deaths of his parents, Seymour and Arlene Tankleff. But it could lead to a jury hearing the evidence gathered by Tankleff's defense team implicating a drug debt enforcer and a former business partner of Seymour Tankleff's in the killings.

The "newly-discovered evidence" should not have been dismissed by Suffolk County Court Judge Stephen Braslow, who denied Tankleff's motion for a new trial in March 2006, the appellate court found.

Braslow "completely disregarded a crucial fact which is pivotal to our determination," Justice Reinaldo Rivera wrote in the decision, referring to the numerous, independent witnesses who testified.

In a March 2006 ruling, Braslow dismissed the new witnesses as a group of "nefarious scoundrels," many with extensive criminal histories. But the appellate court said Braslow "in effect, applied a blanket disqualification of all of the defendant's proffered evidence. ... dismissed, outright, the possibility that witnesses with criminal records, drug addictions, and/or psychiatric issues may nevertheless be capable of testifying truthfully."

Suffolk District Attorney Thomas Spota said in a statement that he disagreed with the decision. He said arrangements would be made to bring Tankleff back to court soon for a bail hearing. His office declined to comment further, and it remained unclear if Tankleff would face another trial.
http://www.newsday.com/news/local/ny-litank1222,0,4837975.story?coll=ny-viewpoints-headlines

[LiveLaughLuv]

A Culture of Corruption in Suffolk County Law Enforcement
At the time of the Tankleff murders, Suffolk County law enforcement was under investigation for corruption—including problems with coerced confessions—by the State Investigation Commission (SIC) on the order of Governor Mario Cuomo. The SIC’s scathing report included a finding that the detective who would interrogate Marty had perjured himself in a previous murder case.

http://www.martytankleff.org/Gui/Content.aspx?Page=STORY

[LiveLaughLuv]

Interesting article on the corruption within SCPD!


http://www.martytankleff.org/PDF/Corruption.pdf

[TobyTiger]

Thanks for posting the links to the Dr. Phil transcript. That Marty was prosecuted and convicted based solely on his so-called confession is appalling. What happed to his allocution and details as to HOW he committed the murders? Obviously if he didn't do it, his allocution wouldn't exactly match the forensic evidence...

“Phil, there's insurmountable evidence that Marty didn't do it, and Detective McCready's case will show that Marty didn't do it,” says Jay. “There is not one thing in Marty's alleged confession that corroborates the crime scene.”

[StarShine]

This case has been one that I have followed for years because I lived in Suffolk County when Marty was convicted.

Today he will walk out of Court a free man. SWEET JUSTICE!!!

The DA is going to have a problem retrying this man, who was just a boy when the DA tried and convicted him. The people on Long Island are well acquainted with this injustice and I believe MOST of THEM are celebrating Marty's release as I am.

The worse part is because of the DA's tunnel vision the real killers of Marty's parents will probably never be tried.

GOOD LUCK MARTY!! The State owes you tons of money but they can't give you back the last 17 years of your life.

BTW Marty NEVER signed that confession.

[TLC]

This case has been one that I have followed for years because I lived in Suffolk County when Marty was convicted.

Today he will walk out of Court a free man. SWEET JUSTICE!!!

The DA is going to have a problem retrying this man, who was just a boy when the DA tried and convicted him. The people on Long Island are well acquainted with this injustice and I believe MOST of THEM are celebrating Marty's release as I am.

The worse part is because of the DA's tunnel vision the real killers of Marty's parents will probably never be tried.

GOOD LUCK MARTY!! The State owes you tons of money but they can't give you back the last 17 years of your life.

BTW Marty NEVER signed that confession.


I'm finally glad to see justice served in this case. Good luck Marty!

Keith Bush is another who suffered at the hands of Suffolk County. Keith served 33 years in prison for a crime he didn't commit. He was released last year when DNA testing proved he didn't commit the crime he was convicted of. Rafferty, Judge Stark and Sullivan were all involved in this case. The same corrupt team who was involved in Ronnie DeFeo's case. (Ronnie never signed a confession either btw)

I'll compile a list of Suffolk County and their victims later today.

[LiveLaughLuv]

I'm finally glad to see justice served in this case. Good luck Marty!

Keith Bush is another who suffered at the hands of Suffolk County. Keith served 33 years in prison for a crime he didn't commit. He was released last year when DNA testing proved he didn't commit the crime he was convicted of. Rafferty, Judge Stark and Sullivan were all involved in this case. The same corrupt team who was involved in Ronnie DeFeo's case. (Ronnie never signed a confession either btw)

I'll compile a list of Suffolk County and their victims later today.

This is just the tip of the iceberg. I am so glad this came to be. Marty fell into the clutches of a corrupt judicial system. Until we change our system, I'm afraid MANY innocent people will face the same.

[Tempus Fugit]

(snipped)

“None whatsoever,” the detective replies. “I know I have the right man. He knows he's the right man. He can sit there and lie to all the people he wants to lie to; he can try to make up this story. No matter what happens, no matter what happened that night, my biggest question is how come Marty wasn't dead too? The money situation, the debt to the family, it didn't go away by Seymour and Arlene being murdered. So, killing those two people solved no problem for Jerry Steuerman, none whatsoever.”


http://drphil.com/slideshows/slideshow/3601/?id=3601&isTip=&slide=1&null=null


If Steuerman was the one who murdered Marty's parents, how would killing the parents erase the alleged debt? The estate of Marty's parents could have gone after Steuerman for restitution of the money he allegedly owed Marty's parents. :0009:

Also, doesn't Marty have a sister (or step-sister)?

[LiveLaughLuv]

If Steuerman was the one who murdered Marty's parents, how would killing the parents erase the alleged debt? The estate of Marty's parents could have gone after Steuerman for restitution of the money he allegedly owed Marty's parents. :0009:

Also, doesn't Marty have a sister (or step-sister)?

Well, that was detective McCready's thoughts. He felt since Marty was the sole survivor, he had to do it, then you find out, the Steurerman allegedly paid the detective $100,000.00 to keep his name out of the investigation.


Yes he has a sister Shari Rother.

The authorites also knew that Steuerman had plastic surgery and took off to California while Marty's father lay in a coma. Did no one find that suspicious? Why wasn't he brought back and questioned?

[Tempus Fugit]

Well, that was detective McCready's thoughts. He felt since Marty was the sole survivor, he had to do it, then you find out, the Steurerman allegedly paid the detective $100,000.00 to keep his name out of the investigation.


Yes he has a sister Shari Rother.

The authorites also knew that Steuerman had plastic surgery and took off to California while Marty's father lay in a coma. Did no one find that suspicious? Why wasn't he brought back and questioned?



I'd still like to know how Steuerman figured killing the two parents and leaving the two children alive equates into his getting out of any alleged debt owned to Marty's father. :0009:

[LiveLaughLuv]

I'd still like to know how Steuerman figured killing the two parents and leaving the two children alive equates into his getting out of any alleged debt owned to Marty's father. :0009:

It wouldn't, maybe in his sick twisted mind, it would!

[LiveLaughLuv]

I just located the written confession which was allegedly written by the detective and Marty refused to sign. It looks unfinished to me!

Written Confession (http://www.martytankleff.org/Gui/Content.aspx?Page=DALetterJune07#)

[TobyTiger]

MARTIN TANKLEFF FREE ON BAIL (http://www.msnbc.msn.com/id/22409825/)

updated 49 minutes ago
NEW YORK - A man found guilty 17 years ago of murdering his parents as a teenager was freed from prison Thursday, days after an appeals court overturned the conviction and ordered a retrial because of new evidence.

Martin Tankleff, 36, was released on $1 million bail and thanked his friends, supporters and witnesses who came forward "because it was the right thing to do."

Relatives paid the bail, allowing Tankleff to leave the courthouse after the hearing in Riverhead, N.Y., 75 miles east of Manhattan. Suffolk County District Attorney Thomas Spota did not immediately say whether he would seek to prosecute Tankleff again.

more at the link

:zm10::zm10::zm10:

[StarShine]

MARTIN TANKLEFF FREE ON BAIL (http://www.msnbc.msn.com/id/22409825/)

updated 49 minutes ago
NEW YORK - A man found guilty 17 years ago of murdering his parents as a teenager was freed from prison Thursday, days after an appeals court overturned the conviction and ordered a retrial because of new evidence.

Martin Tankleff, 36, was released on $1 million bail and thanked his friends, supporters and witnesses who came forward "because it was the right thing to do."

Relatives paid the bail, allowing Tankleff to leave the courthouse after the hearing in Riverhead, N.Y., 75 miles east of Manhattan. Suffolk County District Attorney Thomas Spota did not immediately say whether he would seek to prosecute Tankleff again.

more at the link

:zm10::zm10::zm10:

Word on the streets is that this idiot of a DA intends to retry Marty Tankleff. He'll probably want Marty to plea to something in order not to retry him. I hope Marty and his attorneys tell him to SHOVE IT. There isn't a jury in Suffolk that will convict him again.

[chambord]

Word on the streets is that this idiot of a DA intends to retry Marty Tankleff. He'll probably want Marty to plea to something in order not to retry him. I hope Marty and his attorneys tell him to SHOVE IT. There isn't a jury in Suffolk that will convict him again.

Let's hope.. I've followed Marty's case for years. I was living in NY when it happened. IRC seeing many programs such as Dateline covering this case over the years and was simply aghast at the DA's handling of this case.

[StarShine]

Let's hope.. I've followed Marty's case for years. I was living in NY when it happened. IRC seeing many programs such as Dateline covering this case over the years and was simply aghast at the DA's handling of this case.

Hi there! I wasn't going to sign up here but this case dragged me back in. I was living in Suffolk when this happened and I always thought this case was a sham.

Hope you had a very Merry Christmas and have a wonderful New Year.:0012:

[TobyTiger]

Word on the streets is that this idiot of a DA intends to retry Marty Tankleff. He'll probably want Marty to plea to something in order not to retry him. I hope Marty and his attorneys tell him to SHOVE IT. There isn't a jury in Suffolk that will convict him again.

He's already served 17 years. When would he have been eligible for parole if he were still incarcerated?

[StarShine]

He's already served 17 years. When would he have been eligible for parole if he were still incarcerated?


He was originally sentenced to 50 years to life. Whether parole was an option I don't know so I am checking because I am not sure.

[LiveLaughLuv]

Tankleff's statement after his release
12:12 PM EST, December 27, 2007

"It's great to see you all here today. My arrest and conviction was a nightmare. This is a dream come true.

I want to thank everyone who made this possible:

Jay Salpeter for reading my letter I sent him one day, and taking it upon himself to go out and solve the case.

My entire incredible legal team.

The people getting the truth out about my case through the media and the Web site.

The witnesses who came forward just because it was the right thing to do. Thank you.

The appellate judges whose ruling demonstrates that they did a thorough review of the case.

All my friends and supporters in Suffolk County, across the nation, literally around the world ...(for) making my fight your fight.

Most of all my family, who stood by me from day one right up to this moment.

Remember that I am still accused by the Suffolk County DA of the murder of my parents and I am awaiting a possible retrial. I hope I can continue to count on everybody's support as I defend myself once again.

I've always had faith that this day would come and I look forward to welcoming the New Year with my family and friends. Everyone have a happy New Year. Thank you."
http://www.newsday.com/news/local/ny-litanktalk1228,0,1439513.story

[LiveLaughLuv]

As Suffolk County's elected district attorney, Thomas Spota may have a duty to prosecute the only person ever indicted in the 1988 murders of Seymour and Arlene Tankleff, but there's a good chance he will find a way to gracefully drop the charges against the couple's son, several veteran defense attorneys said Thursday.

"My hope would be that they would look at it and decide it's not worth pursuing at this point," Martin Tankleff defense attorney Barry Pollack, of Washington, D.C., said outside a Riverhead courtroom moments after his client was freed on bail Thursday. "It's time to close the case on Marty."

An appellate court ruling overturning Tankleff's 1990 conviction found there was sufficient new evidence for a new trial.

Pollack disagreed with Spota's take on the decision, and said it was "his call" whether to seek a new trial or dismiss the charges.

Veteran defense attorney Glenn Obedin said he is counting on the latter option, especially considering prosecutors' shaky chances at a conviction based on 20-year-old evidence and faded witnesses' memories.

"Time is almost always the ally of the defense attorney, and obviously 20 years is a lot of time," said Obedin, who expected Spota's most likely course of action is to eventually dismiss the case while trying to "save face."

That may not be too difficult to do, considering Spota was not involved with the original prosecution of the case, which was brought by former district attorney Patrick Henry's administration. However, the original trial prosecutor on the case, John Collins, is now Spota's chief trial prosecutor.

"I don't think he wants to throw that administration under the bus, but I think he would prefer to be able to say, 'While we would certainly be willing to retry this case and let a jury decide whether or not he did it, it's just not something we could do anymore with the amount of time that's gone by," Obedin said.

If that is Spota's intention, he laid the groundwork by acknowledging Saturday that it would be "difficult" to bring a case against Tankleff two decades since the crime. Spota added that he "had nothing to do" with the original case brought against Tankleff.

A possible middle ground would be a plea arrangement between prosecutors and Tankleff's attorneys in which Tankleff would admit to some involvement in the crime in exchange for a sentence of time served, said Smithtown defense attorney Edward Palermo. Prosecutors would have their conviction, and Tankleff would not risk being convicted again and sent back to prison.

"From a practical perspective, that may be an option that his attorney considers, even if he never considers it," said Palermo.

Hauppauge defense attorney Raymond Perini said he believes the most likely option remains a new trial. Perini noted that Tankleff's original trial testimony, which convinced many jurors of his guilt, would be admissible, as would be some "very compelling circumstantial evidence."

"I would be surprised if there was an outright dismissal of the case," said Perini, who worked in the district attorney's office when Tankleff was originally charged. "I think that if there is going to be a deal made, it's going to have to come from the defense
http://www.newsday.com/news/local/ny-lilega1228b,0,664402.story

[LiveLaughLuv]

He's already served 17 years. When would he have been eligible for parole if he were still incarcerated?

If Marty's sentence was 50 to life, he would have to do 20 years before being eligible for parole.




(3) The following provisions apply to offenders sentenced to life imprisonment:
(A) A person sentenced upon conviction of first degree murder or second degree murder to a term of life imprisonment is eligible for consideration for release on parole upon completion of twenty (20) years of time served on the sentence.
(B) A person sentenced upon conviction of a felony other than first degree murder or second degree murder to a term of life imprisonment is eligible for consideration for release on parole upon completion of fifteen (15) years of time served on the sentence.
(C) A person sentenced upon conviction of more than one (1) felony to more than one (1) term of life imprisonment is not eligible for consideration for release on parole under this section. However, this clause does not apply to a person if at least one (1) of the person's felony convictions is for kidnapping.
A person sentenced to a term of life imprisonment does not earn credit time with respect to that term.
(4) A person sentenced upon conviction of a misdemeanor is not eligible for parole and shall, instead, be discharged upon completion of his term of imprisonment, less the credit time he has earned with respect to that term.
(c) A person whose parole is revoked may be reinstated on parole by the parole board any time after the revocation, regardless of whether the offender was sentenced under IC 35-50 or another law. The parole board may adopt, under IC 4-22-2 , rules and regulations regarding eligibility for reinstatement.

http://www.in.gov/legislative/bills/2002/IN/IN0523.1.html

[PatC]

I didn't realize Tankleff was in Indiana. I thought he was in New York.

[TobyTiger]

If Marty's sentence was 50 to life, he would have to do 20 years before being eligible for parole.

<snipped for space>


Thanks, however the law may be different in NY and it would also need to be what was in effect at the time he was sentenced in 1990.

[PatC]

Thanks, however the law may be different in NY and it would also need to be what was in effect at the time he was sentenced in 1990.

So, New York laws WOULD apply to him then, not Indiana.

[TobyTiger]

So, New York laws WOULD apply to him then, not Indiana.

Correct. The murders occurred in the State of New York.
:)

[StarShine]

How did Indiana even enter into the picture?

According to the website for Marty, he would not have been eligible for parole until the year 2040.

Marty is Convicted and Sentenced to 50-Years-to-Life
Even today, with DNA testing having proven that a quarter of wrongful convictions were based on false confessions, intelligent and educated people have difficulty accepting the counterintuitive proposition that someone would confess to a murder they didn’t commit. In 1990, despite not one shred of physical evidence linking Marty to the crime, his “confession” was enough to get him convicted and sentenced to 50-years-to-life. Now 34, Marty will be eligible for parole in 2040.

http://www.martytankleff.org/Gui/Content.aspx?Page=STORY

[PatC]

How did Indiana even enter into the picture?

According to the website for Marty, he would not have been eligible for parole until the year 2040.

Marty is Convicted and Sentenced to 50-Years-to-Life
Even today, with DNA testing having proven that a quarter of wrongful convictions were based on false confessions, intelligent and educated people have difficulty accepting the counterintuitive proposition that someone would confess to a murder they didn’t commit. In 1990, despite not one shred of physical evidence linking Marty to the crime, his “confession” was enough to get him convicted and sentenced to 50-years-to-life. Now 34, Marty will be eligible for parole in 2040.

http://www.martytankleff.org/Gui/Content.aspx?Page=STORY


Sorry, that was "My Bad"... I got confused with the link LLL posted and quoted of an Indiana proposed law.

:z0tdntknw:

[StarShine]

Sorry, that was "My Bad"... I got confused with the link LLL posted and quoted of an Indiana proposed law.

:z0tdntknw:

Nothing to be sorry about. It is interesting how in Indiana you can be eligible for parole after 20 years but in New York you aren't even eligible until you serve 50 years in prison. Wow.

[TobyTiger]

How did Indiana even enter into the picture?

According to the website for Marty, he would not have been eligible for parole until the year 2040.

Marty is Convicted and Sentenced to 50-Years-to-Life
Even today, with DNA testing having proven that a quarter of wrongful convictions were based on false confessions, intelligent and educated people have difficulty accepting the counterintuitive proposition that someone would confess to a murder they didn’t commit. In 1990, despite not one shred of physical evidence linking Marty to the crime, his “confession” was enough to get him convicted and sentenced to 50-years-to-life. Now 34, Marty will be eligible for parole in 2040.

http://www.martytankleff.org/Gui/Content.aspx?Page=STORY
Thanks. I was trying to establish if he was parole eligible at this point or in the near future and how it may affect the prosecution's decision whether or not to re-try him. Obviously he still would have many years to serve in prison before that date, so it's more or less a moot point now.

[TobyTiger]

Nothing to be sorry about. It is interesting how in Indiana you can be eligible for parole after 20 years but in New York you aren't even eligible until you serve 50 years in prison. Wow.
I also thought that by 1990 guidelines that it would have been less, unless he was serving consecutive sentences.

[LiveLaughLuv]

Nothing to be sorry about. It is interesting how in Indiana you can be eligible for parole after 20 years but in New York you aren't even eligible until you serve 50 years in prison. Wow.

Sorry guys, I was looking up NYS laws and didn't realize that law pertained to Indiana. didn't mean to cause mass confusion! :francis:

[TobyTiger]

Sorry guys, I was looking up NYS laws and didn't realize that law pertained to Indiana. didn't mean to cause mass confusion! :francis:
No problem and thanks for your efforts!
:)

[Tempus Fugit]

Is Tankleff going to be retried for sure and, if so, does anyone know where and/or when? Tks :howdy:

[TobyTiger]

Is Tankleff going to be retried for sure and, if so, does anyone know where and/or when? Tks :howdy:

PROSECUTOR: TANKLEFF LIKELY HEADED FOR RETRIAL ON MURDER CHARGES (http://www.wnbc.com/news/14944683/detail.html)

NEW YORK -- Martin Tankleff, who was released on bail this week, will likely face a retrial for the murder of his parents on Long Island in 1998, prosecutors said.

A Suffolk County prosecutor told WNBC that his office will decide whether to challenge an appeals court ruling that last week overturned Tankleff’s murder convictions -- 17 years after he was imprisoned for the murder of his mother anf father, Arlene and Seymour Tankleff. The appeals court cited new evidence blaming his father’s business partner for the bludgeoning deaths.

The prosecutor said even if an appeal on that ruling is denied, attorneys will proceed with a retrial.

more at the link

[StarShine]

PROSECUTOR: TANKLEFF LIKELY HEADED FOR RETRIAL ON MURDER CHARGES (http://www.wnbc.com/news/14944683/detail.html)

NEW YORK -- Martin Tankleff, who was released on bail this week, will likely face a retrial for the murder of his parents on Long Island in 1998, prosecutors said.

A Suffolk County prosecutor told WNBC that his office will decide whether to challenge an appeals court ruling that last week overturned Tankleff’s murder convictions -- 17 years after he was imprisoned for the murder of his mother anf father, Arlene and Seymour Tankleff. The appeals court cited new evidence blaming his father’s business partner for the bludgeoning deaths.

The prosecutor said even if an appeal on that ruling is denied, attorneys will proceed with a retrial.

more at the link

Well guess the rumors around the courtroom were true. Good Grief! Can't a prosecutor ever think about the truth rather than their ego. That is why I have no confidence in any prosecutor. They just don't care. It's all about "winning" to them.

Sickening!

[Tempus Fugit]

PROSECUTOR: TANKLEFF LIKELY HEADED FOR RETRIAL ON MURDER CHARGES (http://www.wnbc.com/news/14944683/detail.html)

NEW YORK -- Martin Tankleff, who was released on bail this week, will likely face a retrial for the murder of his parents on Long Island in 1998, prosecutors said.

A Suffolk County prosecutor told WNBC that his office will decide whether to challenge an appeals court ruling that last week overturned Tankleff’s murder convictions -- 17 years after he was imprisoned for the murder of his mother anf father, Arlene and Seymour Tankleff. The appeals court cited new evidence blaming his father’s business partner for the bludgeoning deaths.

The prosecutor said even if an appeal on that ruling is denied, attorneys will proceed with a retrial.

more at the link


Many thanks TT! :howdy:

[TobyTiger]

Well guess the rumors around the courtroom were true. Good Grief! Can't a prosecutor ever think about the truth rather than their ego. That is why I have no confidence in any prosecutor. They just don't care. It's all about "winning" to them.

Sickening!
That isn't true with all prosecutors, however, it does seem there is a huge problem in the Suffolk Co. DA's office...in my opinion.

[StarShine]

That isn't true with all prosecutors, however, it does seem there is a huge problem in the Suffolk Co. DA's office...in my opinion.

I'd say it's the exception rather than the rule when it comes to prosecutors and it is not confined just to Suffolk Co. I worked for a former prosecutor and he had such distain for prosecutors. The stories he would tell me made the hair stand up on my head. For all the complaints people make about defense attorneys they should really open up their eyes to prosecutors. They are no better at all.

[TobyTiger]

I'd say it's the exception rather than the rule when it comes to prosecutors and it is not confined just to Suffolk Co. I worked for a former prosecutor and he had such distain for prosecutors. The stories he would tell me made the hair stand up on my head. For all the complaints people make about defense attorneys they should really open up their eyes to prosecutors. They are no better at all.

In this particular case it appears they have no other cases to try that they'd be so firm about retrying Martin...after the original conviction has been overturned on appeal, he has already served 17 years in prison and with the suspect "confession".
:mad:

[LiveLaughLuv]

Why would Spota try and overturn what the appeals courts deemed satisfactory for a new trial? He really should be ashamed of himself and how do these people sleep at night knowing the real killer is walking the streets. Also the fact that an innocent man spent 17 years in jail for a crime he did not commit, he is due some big money!

It's not about the truth, it's about winning a game, what a damn shame! I really think we need to take a cold hard look at our judicial system, it has plenty of holes and is corrupt. I have no faith in them anymore.

I get the feeling, he will try and tempt Marty to take a time served instead of getting to the true murderer. Marty's defense team wants a new trial.

[Tempus Fugit]

What new evidence has surfaced in this case? :confused:

[LiveLaughLuv]

What new evidence has surfaced in this case? :confused:

Tempus, I believe the new evidence is (I know I'll be corrected if wrong).

Allegedly: coerced written confession was never signed by Marty and immediately recanted.

The knife and dumbell does not corroborate with the evidence.

Steurmans' son tells of his father confessing to him about the murders.

The getaway driver came forward as well.

Based on the getaway driver’s affidavit and other corroborating new evidence, Marty's lawyers filed a motion for a new trial, which led to months of evidentiary hearings in a Suffolk County courtroom. As a result of media coverage and further investigation by Marty’s defense team, many new witnesses came forward. By the end of the hearing, over two dozen witnesses would present overwhelming evidence of Marty’s innocence and others’ guilt.


Among the new evidence revealed at the hearing was eyewitness testimony that the business partner had been well acquainted with the lead detective since before the Tankleff murders. This contradicted the trial testimony of the detective, who had been off-duty on the morning of the Tankleff murders but arrived 19 minutes after the early morning call, and who ignored the business partner as a suspect.


On December 28, 2007, The New York Times broke the news that the New York State Investigation Commission (SIC) has begun an official investigation into Suffolk County law enforcement's handling of the Tankleff case. The Times reports the investigation began quietly over a year ago, but was kept quiet until now so as not to interfere with Marty's legal appeal. “The S.I.C. is viewing this as a serious and significant investigation. The commission is looking at how Suffolk County handled this case,” said the Times's source.

In the meantime, Marty Tankleff prepares for a possible retrial in Suffolk County.

It's good to hear that SCPD is being investigated and has been for the past year. It's no secret of the corruption within that county. I do hope it is uncovered and all who fell prey to these detectives will eventually get their day in court as well. It's been going on since the late '60's.

You can read up on it at Marty's site
http://www.martytankleff.org/Gui/Content.aspx?Page=STORY

[Justme38]

Just read on Yahoo News that all charges were dropped against him.

HAUPPAUGE, N.Y. - A man who spent 17 years behind bars for killing his parents will not face a second trial after his conviction was overturned by an appeals court, a prosecutor said Wednesday.

"It is no longer possible to reasonably assert that the case ... would be successful," Suffolk County District Attorney Thomas Spota said.

He said his office will formally drop the indictment Jan. 18 against Martin Tankleff in the 1988 deaths of Arlene and Seymour Tankleff.

http://news.yahoo.com/s/ap/20080102/ap_on_re_us/double_murder_confession;_ylt=Ao6FeNe_ZaUSfc3BzmrE pvlvzwcF

[LiveLaughLuv]

Yes I heard that last night on the news. All charges against Martin Tankleff were dropped. They didn't say he was exonerated but Marty will not be retried.

Govenor Spitzer has ordered a special prosector to oversee this case and look into who killed the Tankleffs. So, hopefully we will see this Steuerman on trial for double murder.

I wonder what will become of the investigation and that detective who got many convictions on coerced confessions and perjury. Oh happy day. Suffolk County may have some hope.

[TobyTiger]

Just read on Yahoo News that all charges were dropped against him.

HAUPPAUGE, N.Y. - A man who spent 17 years behind bars for killing his parents will not face a second trial after his conviction was overturned by an appeals court, a prosecutor said Wednesday.

"It is no longer possible to reasonably assert that the case ... would be successful," Suffolk County District Attorney Thomas Spota said.

He said his office will formally drop the indictment Jan. 18 against Martin Tankleff in the 1988 deaths of Arlene and Seymour Tankleff.

http://news.yahoo.com/s/ap/20080102/ap_on_re_us/double_murder_confession;_ylt=Ao6FeNe_ZaUSfc3BzmrE pvlvzwcF


JUSTICE is finally served!
:zm10:

[Pauli]

GARDEN CITY, New York (AP) -- Moments before a judge sentenced him to 50 years to life in prison, Martin Tankleff uttered the words he has repeated for almost two decades: "I stand before you innocent of this charge. I loved my parents. I did not kill them."
http://i.l.cnn.net/cnn/2008/CRIME/01/04/tankleff.freed.ap/art.tankleff.jpg
Martin Tankleff smiles at a spectator at the bail hearing that would lead to his freedom.

His appeal fell on deaf ears that day in October 1990, as it did many more times during the 17 years he languished in prison.

Then a panel of judges overturned Tankleff's murder conviction last month, citing possible evidence that a business associate might have had a role in Tankleff's parents' deaths.

On Wednesday, prosecutors said they would not retry Tankleff, making him a free man.

At a Manhattan news conference Thursday, Tankleff (http://topics.cnn.com/topics/martin_tankleff), now 36, thanked his legal team and relatives who stood by him. He spoke about getting a college education and perhaps attending law school.

"I have a lot to do," he said. "Every day I got up in prison, I knew I wasn't alone in my fight. I had my aunts, my uncles, my cousins, and they're all still there."

His exoneration ended an extraordinary legal odyssey that included a coerced confession, a drawn-out appeal bankrolled by a team of high-powered lawyers who took the case pro bono and conspiracy theories about the identity of the real killers.

Seymour Tankleff and his wife, Arlene, were found slain in their waterfront home in Belle Terre, a well-to-do neighborhood on Long Island, on September 7, 1988, the morning Martin was to begin his senior year of high school. Arlene Tankleff was found bludgeoned in her bedroom; Seymour was stabbed in his study and died about a month later.

Detectives questioned the teenager at the home after he called 911 to report the attack. Later, they took him to police headquarters, where they employed an interrogation tactic in which they falsely told him his father had awakened from a coma and named him as the killer.

Tankleff wondered aloud if he might have "blacked out" and committed the crimes, adding, "It's starting to come to me." The motive, he told police, was anger over a variety of slights, including being made to drive a "crummy old Lincoln." Tankleff almost immediately recanted the confession, refusing to sign what the officers had written.

From the day of his arrest through his trial -- one of the nation's first televised on Court TV -- Tankleff pointed to a business partner of his father who ran a string of bagel shops. He claimed the businessman, Jerry Steuerman, owed his father thousands and enlisted street thugs to commit the murders to escape his debt.

Steuerman denied the allegations and insisted he was not involved. Authorities never gave serious consideration to Steuerman as a suspect, despite his own bizarre behavior: Just days after the Tankleff killings, he faked his own suicide and fled to California in a disguise.

Steuerman, who was the last person to leave the Tankleff home, at about 3 a.m. on the day of the killings after an all-night poker game, claimed his erratic behavior was the result of stress.

Tankleff's defense team filed numerous appeals to no avail; in 2000, the U.S. Supreme Court declined to hear his argument that the confession was tainted.

Finally, in 2003, his attorneys were granted a new hearing in Suffolk County, claiming they had a witness who would say he drove two men to and from the Tankleff house on the night of the slayings, and that one of them was later seen burning his clothes.

But that witness never testified, citing his Fifth Amendment rights against self-incrimination. Other witnesses testified that they heard one of the men allegedly in the car that night, Joey "Guns" Creedon, confess he was involved.

Creedon, a career criminal who testified at the hearing that he had committed rape and assaults, has denied involvement in the killings.
Tankleff claimed he slept through the carnage.

In 2006, a Suffolk County judge rejected Tankleff's appeal, claiming the bulk of the testimony was unreliable and referring to the witnesses as a "cavalcade of nefarious characters."

His attorneys then went to the Appellate Division of the State Supreme Court, which ruled last month it was "probable" that a new jury would render a different verdict.

The case was sent back to Suffolk County, where District Attorney Thomas Spota decided this week that a second trial would be difficult at best.

Spota said he would ask Gov. Eliot Spitzer to appoint a special prosecutor to investigate Tankleff's claims that Steuerman or others were involved.

As for Tankleff, when asked what he has enjoyed most about his newfound freedom, he responded: "Waking up as a free man, having a cup of coffee and watching the sun rise
http://www.cnn.com/2008/CRIME/01/04/tankleff.freed.ap/index.html

[Pauli]

Panel probes teen's parent-killing confession


NEW YORK (AP) -- State investigators are probing how police and prosecutors handled the killings of a couple whose son served 17 years in prison for it before an appeals court ordered him freed, a newspaper reported.
http://i.l.cnn.net/cnn/2008/CRIME/01/01/confession.probed.ap/art.tankleff.jpg
Martin Tankleff smiles at a spectator at his bail hearing. Relatives posted bond.

The Commission on Investigation will examine the police investigation that led to Martin Tankleff's 1990 conviction.

The commission also will look into how the Suffolk County District Attorney's office dealt with the emergence of new witnesses in 2003 who supported Tankleff's claims of innocence, commission Chairman Alfred Lerner told Newsday.

The commission has been gathering evidence for a year and will issue a report in the next five to six months, he said.

Tankleff (http://topics.cnn.com/topics/martin_tankleff), 36, was released Thursday on $1 million bond .

His release came after a state appeals court said new evidence suggested someone else might have killed Seymour and Arlene Tankleff on September 7, 1988, in their Long Island home.
District Attorney Thomas Spota has not decided whether to retry the case and has not been contacted by the commission, a spokesman said Monday.
Tankleff's supporters have long accused the police of coercive interrogation tactics, and they accused prosecutors of ignoring and suppressing evidence.

The commission has no enforcement powers but can subpoena witnesses and can recommend the appointment of a special prosecutor, something Tankleff's supporters have pressed for.

http://www.cnn.com/2008/CRIME/01/01/confession.probed.ap/index.html

[Pauli]

January 2nd, 2008 Commentary: Dropping Tankleff case doesn’t end questions (http://insession.blogs.cnn.com/2008/01/02/commentary-dropping-tankleff-case-doesnt-end-questions/)
Posted: 05:59 PM ET

Well, well, well. The Suffolk County District Attorney, Thomas Spota, has just announced that he will drop the charges against Marty Tankleff.

Makes this defense attorney wonder: Is that decision in the interest of justice? Or is it simply an end run around an ongoing state investigation into what went wrong in the Tankleff case?
http://i.a.cnn.net/cnn/2008/images/01/02/art.tankleff.jpg
Whatever the D.A.’s motivation, of course, this is the right result. But let it not be the end result.

Last week, a New York appeals court overturned Marty’s conviction for the 1988 murder of his parents in because evidence suggests the Tankleffs may have been killed over a business dispute – evidence ignored for the better part of two decades by Suffolk County law enforcement.

Now, after the scalding opinion from the court, DA Spota is tossing the case, saying it’s not “possible to reasonably infer that the case against Marty Tankleff would be successful.” Well, he’s got that right. The case would not be successful because Marty is not guilty. Marty Tankleff never should have been charged in the first place.

DA Spota is refusing to answer questions. He can dodge for now, but should be made to answer for what went wrong in this case, as should the investigating officer Jim McCready and the Tankleff’s business partner Jerry Steuerman.

Today, within two weeks of appellate decision, Spota announced that his office’s investigation and prosecution is over. Fine. The Suffolk County DA is done with the case. But let’s hope the state investigation will finally get to the bottom of this American travesty of justice.

Jamie Floyd
http://insession.blogs.cnn.com/2008/01/02/commentary-dropping-tankleff-case-doesnt-end-questions/

[TobyTiger]

<snipped for space>

As for Tankleff, when asked what he has enjoyed most about his newfound freedom, he responded: "Waking up as a free man, having a cup of coffee and watching the sun rise
http://www.cnn.com/2008/CRIME/01/04/tankleff.freed.ap/index.html

He already spent a good portion of his adult life in prison and now has to face trying to find employment and adjusting to the technological changes that have taken place since he was first incarcerated. I wish him nothing but the best...it won't be easy.

[Pauli]

I know what you mean, it's going to be very difficult for him for a while I believe. I'm like you, I hope him all the best. He really deserves it.