A federal judge has thrown out the murder conviction of a Queens man imprisoned since 2002 for killing a tenant patrol leader in a fusillade of gunfire at a Far Rockaway housing project.
Tullie (Birdie) Hyman must be released from state prison within 90 days unless the Queens district attorney's office decides to retry him for the murder of Maria Medina, who was hit by a stray bullet.
Hyman has maintained that he is innocent and that he was falsely implicated in the shooting by witness Shaquana Ellis, who has since recanted her trial testimony.
"Until today, the criminal justice system has failed Tullie and his family," said his appeals lawyer Mark DeMarco.
Brooklyn Federal Judge Raymond Dearie ruled Wednesday that it's clear that Ellis did not witness the shooting.
Hyman's former lawyer had hired a private eye who determined it was impossible for Ellis to have seen what she claimed from the vantage point of a third-floor window, but the investigator did not testify at Hyman's trial due to a fee dispute.
"This case rises or falls with (Ellis') testimony and the loss of her credibility necessarily undermines the verdict," Dearie wrote in a 91-page decision.
A spokesman for Queens District Attorney Richard Brown said the judge's decision is being reviewed.
Hyman is serving 21 years to life for the murder.
Ellis testified at a hearing in Brooklyn Federal Court last December that she was threatened at gunpoint to finger Hyman as the shooter, but she could not identify who made the threat because she claimed he was wearing a bandana across his face.
"That night, me walking home, my life and my family's life was threatened. I had no choice," she testified.
The gunman "said if I didn't point Tullie out (to the police) they were gonna come and kill me and my family."
She said she came forward because "I've been living with this lie for years, and I want the truth to be told."
At the time of Tullie (Birdie) Hyman's indictment the Queens DA issued this press release.
June 30, 2000
THREE MEN INDICTED FOR DEPRAVED INDIFFERENCE MURDER IN DEATH OF FAR ROCKAWAY TENANT PATROL MEMBER
Queens District Attorney Richard A. Brown announced today the indictment of three young men on charges of murdering a member of the Redfern Houses tenants' patrol when a stray bullet fired in a wild shoot-out between the men on the street in front of the victim's building tore through the lobby door and struck and killed her.
District Attorney Brown said, "The indictment alleges that the victim - - a well regarded member of the tenant safety patrol and a beloved tenant of the building - - was killed as a result of the depraved indifference to human life demonstrated by the three defendants in wantonly and recklessly shooting over two dozen times at each other in a public place".
District Attorney Brown identified the defendants as Tullie Hyman, 20, of 69-41 DeCosta Avenue, Arverne, N.Y., Jonathan Whitmore, 26, of 13-57 Dinkins Street, Far Rockaway and Osimba Rabsatt, 18, of 69-20 Hillmeyer Avenue, Far Rockaway. They are all charged with Murder in the Second Degree, Attempted Murder in the Second Degree, Reckless Endangerment in the First Degree and Criminal Possession of a Weapon. They are all being held without bail. If convicted of murder they face a maximum sentence of 25 years to life in prison.
According to District Attorney Brown on the night of the murders, March 10, 2000, Mrs. Medina was on duty in the lobby of her building at 15-40 Hassock Street in the Redfern Houses. At about 7:15 pm it is charged, the defendants Hyman and Rabsatt drove up the street and began shooting at the defendant Whitmore and a fourth man who were standing on the street near the victim's building. Whitmore and the fourth man who is being sought returned fire. In the ensuing gun battle, approximately 30 shots were exchanged between the four men. Two stray bullets tore through the lobby door one at which hit and killed Ms. Medina. The defendants fled the scene. Jonathan Whitmore was arrested shortly after the crime occurred and the remaining two defendants were arrested on March 12th and June 8, 2000 respectively.
Assistant District Attorney Daniel R. Schorr of the District Attorney's Homicide Investigations bureau which is under the supervision of Assistant District Attorneys Peter T. Reese and Robert J. Schwerdt and the overall supervision of Executive Assistant District Attorney Gregory L. Lasak is in charge of the case.
It should be noted that an indictment is merely an accusation and that a defendant should be presumed innocent until proven guilty.