The Appellate Court's Ruling

Today the Appellate Court, Second Department, vacated Marty's conviction and ordered his case back to Suffolk County for a retrial "to be conducted with all convenient speed."

"It is abhorrent to our sense of justice and fair play to countenance the possibility that someone innocent of a crime may be incarcerated or otherwise punished for a crime which he or she did not commit," the ruling stated. Judge Reinaldo E. Rivera wrote the ruling, with Judges Gabriel M. Krausman, Anita R. Florio and Mark C. Dillon concurring.

The ruling was based on newly discovered evidence, and not just the quantity and cumulative effect of the over two dozen witnesses who testified to Marty's innocence and others' guilt. It was also the fact that these witnesses were unrelated and so separated by time:

"The County Court completely disregarded a crucial fact which is pivotal to our determination. Namely, many of the witnesses who testified at the CPL 440 hearing were unrelated to each other, and their genesis as witnesses was separated by both space and time. For instance, there is absolutely no connection between Kovacs, Foti, Demps, Fischer, Joseph, and Ram. Notably, although clearly not connected to one another, each of those witnesses implicated Creedon and/or Jerry Steuerman in the Tankleff murders."

One by one, the appellate court rejected the Suffolk County judge's decisions:

"The County Court, in effect, applied a blanket disqualification of all of the defendant's proffered evidence. It viewed almost all of the defendant's witnesses as questionable, untrustworthy, or unreliable. It dismissed, outright, the possibility that witnesses with criminal records, drug addictions, and/or psychiatric issues may nevertheless be capable of testifying truthfully....As noted by my learned colleague, the Honorable Gabriel Krausman, at the oral argument before this Court, the People 'use [such witnesses] all the time'....

"Similarly, the County Court dismissed as incredible the testimony of certain witnesses on the ground that they were biased against Creedon. We cannot conclude that multiple witnesses who admittedly expressed fear of or contempt for Creedon perjured themselves in order to implicate Creedon in the murders....

"On a related topic, we reject the People's assertion, made at the oral argument of the instant appeal, that certain witnesses came forth because this was a highly-publicized case. The claim that intense media coverage somehow played a role in this case and the implication that this prompted individuals to testify falsely is sheer conjecture and speculation."

Finally, while the ruling was based on newly discovered evidence, the appellate court clearly viewed Marty's "confession" as central:

"At the original trial, the defendant's repudiated confession was the most compelling evidence elicited by the prosecution. Arguably, it was the linchpin of the prosecution's case. The Miranda aspects of this case have been extensively litigated and will not be revisited. However, when the evidence presented at the CPL 440 hearing is evaluated against the backdrop of the trial evidence, including the defendant's confession, how the confession was obtained, and the fact that the defendant almost immediately recanted the confession, the newly-discovered evidence is "of such character as to create a probability that had such evidence been received at the trial the verdict would have been more favorable to the defendant."

We're expecting a bail hearing for Marty next week.

Too many people to thank right now. You know who you are. Thank you and happy holidays!

Comments

[Susan]

What an awesome holiday present this is to Marty and so many of us who have followed this case.

The Bio Notorious series ran a show about Marty last night that I had not yet seen... but I couldn't bear to watch it, thinking there was NO hope for Marty.

YAY!!!

[P.J.Michalek]

Dear God......Praise the Lord. At Long Last!......Finally, men with brains, who can reason and see through the lies and corruption. Finally, justice has a chance and will certainly prevail. I am over-joyed. I can't even begin to imagine the sheer exhuberance for Marty and his family.
Here's to the only possible Fair and Just outcome>>>>FREEDOM, for Marty, at last!!!

[Jo Schillinger]

Wishing Marty and his friends and family all the deserved luck possible. Such a shame so much time has been wasted, so many years. Hopefully the new trial will be fair. If so, no doubt Marty will finally be a free man. Happy holidays indeed!

[Diane]

Bail hearing? I will give whatever I can to help Marty get bail and out into the fresh air where he belongs.

TODAY IS A GREAT DAY!! MARTY GOOD LUCK!! I know that this will finally be the end of the injustice that you have been forced to endure.

TO JUSTICE FINALLY!!

[Lisa]

Finally someone in the judicial system who can see through Suffolk County's lies & coverups. Congratulations Marty!! May 2008 be your best year yet!

[Vanessa Delliskave]

Awesome news!
What happy holidays lie ahead!

all the best Marty!

[Ken Gregson]

Have been following this situation from Australia for a couple of years now.
Cannot believe that the investment of the prosecutors, albeit flawed and might I say biased against the truth, could be so stongly defended.
Well done to all at the "coal-face"

[Luke Sbarra]

I watched this case unfold as a teenager on Long Island and, almost two decades ago, the apparent injustices laden in this case deeply troubled me. Now, as as grown man with my own family, and also as someone who has practiced law for seven years and seen my own fair share of injustice, I commend Marty's lawyers for their excellent, diligent, and overwhelmingly convincing legal arguments. I know this road was a long road to plow, and I now hope that justice and the rule of law prevail.

[lauren]

Every day I am sent emails to open and forward on about blessings and hope and if you send this to 22 people by 2 O'clock your prayers will be answered. Blaa Blaa Blaa I delete most of them...Today I read on that just had an angel and said that something wonderful would happen to day for me. Not long after that the phone calls started coming in by friends who know how much i follow this case and i heard the miraculous news that way...Congratulations to Marty and his loyal team...you have restored my faith in humanity. Happy Holidays.

[Lauren]

Corrections- I read "ONE" "today"...All the same...yeah team Tankleff.

[sandi2s]

Congratulations, Marty! The prayers of so many people have been answered! Now prayers of thanksgiving will be offered will offered up on your behalf.

I just wish you could be home with your loving family during this SPECIAL holiday season.

God bless you, Marty, as well as your precious family.

[Grace Ann/Marty Rosenberg]

This is music to our ears. And it is a long time coming. Happy 2008 to all who believed Marty and will get him the freedom he deserves.

[Laura Pasley]

What a glorious blessing this is! Marty, I am thrilled that a judge with a brain finally decided to give you a little honest justice. I hope the cop that has it in his head that you were the only possible suspect gets on his knees tonight and asks forgiveness for the time he has stolen from you. God bless you my friend,
Laura Pasley

[James Scalici]

I am so happy to hear that Marty is getting some sort of justice. I hope his freedom is right around the corner. After a long awaited party, I wish for the following:

I hope the true guilty are brought to justice.

I hope the crooked police are destroyed and stripped of their pensions, reputations and any other thing good in their lives.

I hope that Crookhaven Township and Suffolk County write this man Marty Tankliff a check so large that the County has to ask him for a loan to pay their bills.

The money will never replace the time he has spent in jail, but one of the main reasons Marty has spent so much time in jail because of the greed of Crookhaven and Suffolk County. They realized long ago that they screwed up and that if it ever went the right way, it would cost them a fortune.

God Bless you Marty. Perhaps now you parents can rest in peace.

[Melodie Tegay]

My husband had seen the announcement on line on his Optimum page, came downstairs to put Channel 12 on and shared the news with me. How ironic, I had just written a response back to Marty for his holiday email card and this great news! Do we have to worry that the new trial is taking place in Suffolk County? Should there be a change of venue given the history of injustice which has prevailed over the prior trials? Has anyone heard anything about Glenn Harris, I seem to recall that he went "missing" at some point during the procedings. Was he put in a witness protection program or was he the victim of a hitman who did not want him to testify at trial? Answers please?

[Barbara]

Congratulations Marty!!!
I read the news with tears in my eyes!
Your day has finally come.

It sounds like the Appelate Court blasted Braslow's ruling.

Thank God, justice is now on its way.
Merry Christmas Marty, we knew this day would come at some point in time..
Happy Holidays and Marty will be free in 2008
Barbara

[Joy Piccirillo]

WOW! Thank God! Marty this is the best Christmas gift! You're finally coming home! Thank You Sweet Jesus for answering our prayers. Thank you Marty's lawyers and everyone who helped him gain justice. Thank you everyone who was there to support Marty.

God Bless you all!

Merry Christmas, Happy Holidays and Happy New Year!

[Larry]

I am thrilled for Marty! This is such great news. I was beginning to simply throw up my hasnds and give-up...then I heard the news today and jumped for joy! It's been so many years...finally he'll get the freedom he deserves.

[Traci Smith]

This is wonderful news indeed. I will continue to pray for Marty's release and a quick end to this horrible part of his life. May God have mercy on those souls that put this poor kid in jail for life. God Bless Marty and his family. May his parents finally rest in peace.

[Robin Wilson]

What WONDERFUL news to start a day off with!! I am so excited at the thoughts of thinking justice may finally be served to those involved in this case. God bless everyone who has had a hand in getting a re-trial for Marty!!!

Robin

[Robert L. Olson]

While, Marty was blessed by having Jay Salpeter take his case, by having the greatest attorneys (all pro bono) that any defendant could hope to have and this great website. Marty was especially blessed by all of the many, many supporters he has worldwide who never gave up, never stopped praying and refused to allow lies and distortions by the Suffolk County DA's Office triumph over the truth and justice. All of you played a huge role in this most momentous and historic occasion! Merry Christmas Marty and Merry Christmas to all of you!!!!!!!!!

[Patrice]

Miracles do come TRUE!! I am so happy for you Marty!!! I will continue to follow the case and will do anything I can to contribute to your bail.

Congratulations and Happy Holidays to you and your family!!!!!!

[Patsy Pilcher]

I am soooo happy for Marty!!! This gives me some renewed confidence in our justice system, but this was just way to long in coming. Marty, you are such a strong person to have handled all of this so well.

[DeDe Caro]

P.K. Michalek said it perfectly!!!!
Marty has been railroaded the whole way through because he was an easy target for the blood thirsty Detectives and Prosecution to convict in this high profile case. I knew the minute I saw the first reports on this case that Marty was innocent. Good luck Marty, I pray for you everyday and will continue to do so.
Happy Holidays.

[Joe]

Finally, this guy might see some justice! Best wishes to Marty! What a gift, but the tragedy he suffered, and the loss of too many years of freedom can never be repaid. To all of us who have followed this story and saw how inept and corrupt the criminal justice system is in Suffolk County, let's turn up the pressure and see that not only the real killers are brought to justice, but the lies and cover ups are answered for and those responsible charged accordingly.