Petition updateQueens District Attorney Election: November 5, 2019 —Queens DA Primary Election RecountGregory Lasak Permitted The Queens DA To Use Recanted Eye Witness Testimony in 3 Murder Trials
Carlos FuerteNew York, NY, United States
May 20, 2019

After six years and three mistrials, Terrel Banks was released from Rikers Island Prison, the truth finally coming forward that he had not committed the murder for which he was incarcerated.

“It’s been a long time,” Banks, now 26, told The New York Daily News. “Knowing that you’re an innocent man and that you were wrongfully (accused) to be out free now after all the years…It’s a huge relief.”

Banks had just turned 20 when the October 2008 fatal shooting of 21-year-old Timothy Smith occurred in Fresh Meadows, Queens. The case against Banks always was shaky as the prosecution’s star witness changed her testimony that she saw Banks shoot Smith before the first trial in 2010.

They used the woman’s grand jury testimony identifying Banks in subsequent trials. Banks’ third and final trial ended in March 2014 with a hung jury. After that, prosecutors made a last-ditch effort with a plea deal, agreeing to drop the murder charge if Banks copped to criminal possession of a weapon.

Banks refused to admit guilt to something he did not do, his lawyer Jorge Santos said. “He said, ‘I’m innocent I’m not taking it, I don’t care. I’m not admitting to having a gun, I didn’t do anything,’ ” Santos said.

After new information emerged in the case, pointing to another assailant, prosecutors released Banks in January, and formally dismissed his second-degree murder charge Wednesday.

In a curious gesture, Judge Gregory Lasak, instead of apologizing for his time in prison for a crime he did not commit, he suggested that Banks, “thank the district attorneys for dismissing the charges.”

“You persevered through a very tough time — be proud of yourself…You got a second chance at life,” Lasak added.

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