"With the consent of the People I am granting the petition to set aside the verdict on the grounds of newly discovered evidence," Judge Abraham Clott said.
On January 27, 1998, two individuals committed a robbery of a gambling parlor on Frederick Douglas Boulevard in Harlem. During the robbery Albert Ward, a retired police detective, pulled a gun and a struggle ensued with one of the armed robbers, who identified himself as "Tee." Ward was eventually shot and killed by "Tee."
Velazquez was 22 at the time.
In 2022, Velazquez's DNA was compared to a betting slip that "Tee" handled before shooting Ward. The testing found that Velazquez's DNA was not found. This type of DNA comparison was not available at the time of Velazquez's trial.
The reinvestigation found that the results of the DNA testing could have impacted the jury's consideration of other trial evidence, including Velazquez's alibi, the fact that no evidence connected him to the crime, and that the eyewitnesses provided inconsistent descriptions.
"JJ Velazquez has lived in the shadow of his conviction for more than 25 years, and I hope that today brings with it a new chapter for him," said Manhattan District Attorney Alvin Bragg.
Outside court, Velasquez, now 48, wore a baseball cap that said "End of an Error" and was swarmed by supporters.
"Who am I? I'm a very lucky man. I'm lucky that so many people believed in me," Velasquez said. "There are so many people in my life who became the life support for me to be able to breathe when I couldn't breathe myself because my circumstances were to thick."
Velazquez said he found his purpose in life: to help others who should not be in prison.
"Every time I was able to extend myself and help somebody else, it made me feel better and I realized that's where I find my peace," he said.
In 2021, then-Gov. Andrew Cuomo commuted Velazquez's sentence and he was freed from state prison, but he was still wrongfully branded as a convicted felon and serving a parole sentence for a crime he did not commit.
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