3 Convictions Tossed in Notorious 1995 NYC Murder

Men were convicted of setting fire to booth of toll clerk
By Newser Editors and Wire Services
Posted Jul 15, 2022 5:05 PM CDT
A Huge Shift in Notorious Subway Killing of 1995
A color guard readies their flags as pallbearers carry the remains of token clerk Harry Kaufman after funeral services, in the Brooklyn borough of New York, Wednesday, Dec, 13, 1995.   (AP Photo/Kathy Willens, File)

After decades in prison, three men were cleared Friday in one of the most horrifying crimes of New York’s violent 1990s—the killing of a clerk who was set on fire in a subway toll booth, per the AP. A judge dismissed the murder convictions of Vincent Ellerbe, James Irons, and Thomas Malik after Brooklyn District Attorney Eric Gonzalez cited “serious problems with the evidence on which these convictions are based.” He pointed to doubts about the men’s confessions and problems with witness identifications. The three confessed to and were convicted of murdering token seller Harry Kaufman in 1995. The case resounded from New York to Washington to Hollywood, after parallels were drawn between the deadly arson and a scene in the movie Money Train.

“The findings of an exhaustive, years-long reinvestigation of this case leave us unable to stand by the convictions,” Brooklyn District Attorney Eric Gonzalez said in a release. The confessions conflicted with evidence at the scene and with each other, and witness identifications were problematic, prosecutors say. Some of the men have long said they were coerced into falsely confessing in the case, which had a lead detective who later was repeatedly accused of forcing confessions and framing suspects. Ellerbe, 44, was paroled in 2020, but Malik and Irons, both 45, have remained in prison.

Kaufman was working an overnight shift at a Brooklyn subway station on Nov. 26, 1995, when attackers first tried to rob him, then squirted gasoline into the booth and ignited it with matches while he pleaded, “Don’t light it!,” authorities said at the time. The booth exploded, and the 50-year-old Kaufman ran from it in flames. The married father died of his injuries two weeks later. The attack bore some resemblance to a scene in Money Train, an action movie that had been released four days earlier, though authorities have given mixed signals over the years about whether they believed the film had inspired the killing. Police scoured for suspects and eventually came to question Irons, getting a confession that he was acting as a lookout.

He implicated Malik and Ellerbe as the men who had torched the tollbooth. Ellerbe and Malik maintained they had been coerced into false confessions, with Malik saying Detective Louis Scarcella screamed at him and slammed his head into a locker. Scarcella testified that he cursed, pounded a table, and was trying to scare the then 18-year-old Malik but didn’t beat him. Gonzalez's office said its review found that Scarcella and his partner fed important details about the crime scene to Irons—details that prosecutors later used at trial to argue that his confession was so specific that it had to be true. Scarcella, who retired in 2000, has denied any wrongdoing. While more than a dozen convictions in his cases have been overturned, prosecutors have stood by scores of others.

(Read more reversed conviction stories.)

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