Suffolk County Revisited

If Danny Raymond's affidavit is another "brick" in the ever-growing case being built for Marty's innocence and others' guilt in the murder of his parents, the legal motion to which it is attached gives a good overview of what is becoming a skyscraper of evidence.

"Piece by piece the case against Martin Tankleff continues to crumble," begins the motion. "From the undisputed perjury by lead Detective McCready regarding his longstanding relationship to lead suspect Jerry Steuerman, to the testimony of false confession expert Richard Ofshe, it has become increasingly clear that there is insufficient evidence to justify Marty’s continued incarceration. Brick by brick the case against the actual murderers--Creedon, Kent, and Steuerman--continues to be built. From the initial admission by Glenn Harris, an accomplice to murders, and the corroboration by William Ram and others, to Creedon’s multiple admissions, Graydon’s testimony concerning his and Creedon's prior attempt on Seymour Tankleff’s life, and James Moore’s revelation of Kent's admissions, it has become increasingly evident that Joseph Creedon and his cohorts murdered Marty's parents. Marty Tankleff is an innocent man serving a sentence for crimes he did not commit."

There were so many troubling aspects of Suffolk County Judge Stephen Braslow's denial of Marty's original motion for a new trial that it's tough to know where to start listing them. In his ruling Judge Braslow simply ignored some witnesses, even as he discredited, one by one, what he termed a "cavalcade of nefarious scoundrels." These included, remarkably, Creedon, who even the DA conceded told numerous people he was involved in the Tankleff murders.

Never mind the question of whether any one or two of the two dozen new witnesses ought to be enough to cast reasonable doubt on Marty's guilt, Judge Braslow went out of his way to isolate and discredit each witness while ignoring how they corroborate one another.

"This new evidence cannot be viewed in isolation," argues the latest defense motion. "It must be evaluated in light of the totality of the record. The defense has presented proof that:

1. Jerry Steuerman had a motive to kill Seymour and Arlene Tankleff;


2. Jerry Steuerman knew Joseph Creedon as an “enforcer” and “collector” for Todd Steuerman’s drug trade;


3. Creedon, Kent and Harris grew up a few blocks from each other and committed multiple violent crimes both with each other, alone and with others;


4. Steuerman, according to Brian Glass, asked him to hurt or kill Marty’s father and Glass “passed the work” to Creedon;


5. Creedon tried on a prior occasion to Kill Seymour Tankleff, according to Joseph Graydon;


6. Creedon, Kent and Harris were together late on September 6, and early on September 7, 1988 and all three left to commit a crime in Belle Terre, according to William Ram;


7. Neither Creedon nor Harris nor Kent can account for their whereabouts on the night that Marty’s parents were murdered;


8. Each participant in the murders has made damaging admissions, which include, but are not limited to, Creedon's admissions to six witnesses (including his own son), Kent's admissions to three witnesses (Moore, Raymond and Ram), and Harris' admissions in a sworn affidavit and in statements to six witnesses (his wife, his mother, a priest, a nun, and two government informants);


9. Jerry Steuerman solicited Creedon to “cut out Marty’s tongue” because Marty was publicly accusing Steuerman of the murders;


10. Kent concocted a false alibi and solicited the help of Daniel Raymond in order to perpetrate a fraud on the Court and conceal his participation in the murders.

And that's just a partial list. Even before Judge Braslow denied Tankleff’s original 440 motion for a new trial, Marty’s lawyers promised they would be filing new evidence. Their confidence was based on the fact that since the fall of 2003, when the first 440 was filed, they have been steadily contacted by witnesses with new information. This is what happens when a convict is known to be actually innocent, they say. Some new witnesses have been afraid to come forward for obvious reasons. Even Marty's lawyer and investigator have received threats similar to what Raymond reports. All of which makes you admire the courage of all the witnesses who have come forward with nothing but stress to gain for themselves, but who know it's the right thing to do when the wrong guy, who's a threat to nobody, is in jail.

In the conclusion of the latest motion, Marty’s lawyers acknowledge that our criminal justice system is imperfect and subject to human failings. But there is no excuse, they write, for Marty’s continued incarceration since Glenn Harris came forward three years ago, leading to a parade of new witnesses casting huge doubt on Marty’s guilt and great suspicion on others:

"Marty Tankleff has now been incarcerated for three years since Glenn Harris signed his statement. It has been over two years since multiple witnesses implicated Creedon, Kent, Steuerman and Harris in the murder of Seymour and Arlene Tankleff. Twenty-four months have passed since William Ram testified. It has been 18 months since the hearing was initially concluded. Nearly a  year has passed since Joseph Guarascio revealed to this Court what his father, Joe Creedon, confessed to him–that he, Creedon, and Kent and Harris murdered Marty’s parents. This Court denied Marty’s request for a new trial seven months ago and it has been that long since James Moore disclosed Kent’s admissions. The responsibility for Martin Tankleffs’ incarceration since August 31, 2003, can no longer be dispersed throughout the criminal justice system. It lies at the door of the Suffolk County District Attorney. Marty cannot be given back the time he has lost, but this injustice can and should be brought to an end by this Court."

Comments

[marc lerner]

Marty,
I pray for your freedom every day!!

Pauls son