440 Motion to Vacate Murder Conviction Granted & New Trial Ordered
Mr. Escalona was convicted in 2018 of second-degree murder and related counts following a 2014 incident, and was sentenced to a prison term aggregating 22 years to life. The prosecution’s case relied on fingerprint evidence that allegedly connected Mr. Escalona to the crime.
In 2023, the Kings County District Attorney’s Office notified appellate counsel that the print examiners involved in this case had a history of misidentifying print evidence and perjury. Furthermore, the District Attorney’s Office was aware of this information in 2015, three years before Mr. Escalona’s trial, but had not disclosed such information to Mr. Escalona’s trial attorney.
Appellate Advocates filed a 440 motion, contending that newly discovered evidence established a Brady violation, warranting a vacatur of the conviction. The trial court agreed, rejecting the prosecution’s arguments that the new information was not material. The Court ruled that the newly discovered evidence, which could have been used to undermine the accuracy of the fingerprint evidence and impeach its reliability, was favorable to Mr. Escalona. Furthermore, the evidence was in the actual and constructive possession of the Kings County District Attorney’s Office. Because the evidence at trial was not overwhelming, there was a reasonable probability that had the fingerprint evidence been disclosed to the defense, the result would have been different. The Court vacated the conviction and ordered a new trial.
De Nice Powell represented Mr. Escalona