Cory Epps - Murder / Mistaken ID

Epps, Cory; murder; NRE: mistaken witness identification, police officer misconduct, withheld exculpatory evidence, perjury by official

[728:607]; 4th Dept. 6/8/01; affirmed

"The [prosecution's] primary witness had observed [Epps] at several junctures on the night of the murder in well-lighted conditions and at distances ranging from only a few feet to a few inches. She had been acquainted with [Epps] as a result of having seen him frequent a certain bar. The witness described the shooter and his car with particularity and repeatedly identified [Epps] as the shooter. Contrary to [Epps'] contention, the alibi testimony did not preclude the possibility that [Epps] committed the shooting. In addition, both [Epps] and his girlfriend gave a different alibi in their respective statements to police."

from NRE synopsis (by Maurice Possley):

"Shortly before 4:30 a.m. on May 26, 1997, 23-year-old Tameeka Means was shot to death in her car at the intersection of East Delevan Avenue and Chelsea Place in Buffalo..."

"Jaqueline Bradley, who was sitting in the front seat next to Means, told police that the gunman had been driving another car and was angry over being cut off in traffic.

"Bradley gave a description of the gunman and helped police create a composite sketch, which was circulated widely. On June 26, a relative of Means said that she believed the sketch resembled 25-year-old Cory Epps. Police assembled a photographic lineup that included Epps's photograph, and Bradley said that Epps looked like the gunman.

"Four days later, after learning the police were looking for him, Epps voluntarily came to the police station and offered to appear in a lineup. Bradley viewed the lineup and selected Epps as the gunman.

"Epps was arrested on July 31, 1997, and charged with second-degree murder and criminal possession of a firearm. He went to trial in Erie County...on April 20, 1998. Bradley identified Epps as the gunman. No gun was ever found, and no physical forensic efidence linked Epps to the crime.

"Epps's wife testified that they were dining at a Perkins Restaurant at about the same time the shooting occurred. The restaurant manager also testified that they were there. She produced a cash register receipt, but the prosecution argued that because it showed the bill was paid in cash, there was no way to know if it was actually issued to Epps and his wife.

"On April 24, 1998, the jury convicted Epps of second-degree murder and criminal possession of a weapon. A few days later, the judge and defense received an anonymous letter claiming that the real gunman was Russell Montgomery. The letter said that Montgomery had also killed Paul Pope four days before the start of Epps's trial because Pope had heard Montgomery admit to killing Means.

"Although sentencing was delayed briefly to allow Epps's lawyer to investigate, ultimately no further information was developed. Epps was sentenced to 25 years to life in prison.

"In 1999, Montgomery was convicted of murdering Pope and sentenced to 25 years to life in prison. In 2000, an attorney for Epps filed a post-conviction petition seeking a new trial on the ground that Montgomery was the real killer.

"The motion was supported by a sworn affidavit from Wymiko Anderson. Anderson stated that she had written the anonymous letter. She said that she told police before Epps's trial (and before sending the anonymous letter) that Pope had confided to her that Montgomery had admitted killing Means. The motion claimed that police had failed to disclose that information to Epps before his trial. The motion was also supported by a sworn affidavit from a prison inmate who said that Montgomery had admitted during a prison conversation that he -- not Epps -- killed Means."

"At a hearing on the motion, detectives denied that they were told about Montgomery before the trial. The judge ultimately denied the motion for a new trial, finding the detectives credible."

[In February 2017, a second motion for a new trial was filed.] "The motion cited a new witness who had information implicating Montgomery in the killing of Means."

[At the motion hearing:] "The newly-discovered witness...testified, but that portion of the hearing was closed to the public to protect her identity because she fears for her safety.

"The following day, December 1, 2017, [Erie Cty. DA John] Flynn consented to vacating Epps's convictions and dismissing the case."

"Although Flynn did not specifically mention Montgomery as the culprit, he noted that his photograph and the phtograph of Epps at the time 'are eerily similar -- like twins similar.' Flynn also noted that while Bradley still insists that her identification of Epps was accurate,* she initially told police that the gunman had acne bumps on the side of his face."

[* Undoubtedly, Bradley simply could not face the fact that her mistake had cost Epps nearly two decades' loss of freedom.]

"'Cory Epps doesn't have those bumps,' Flynn said. 'But the real (killer) does.'

"Epps subsequently filed a compensation claim in the New York Court of Claims and was awarded $4 million. In March 2019, he filed a federal civil right lawsuit against the City of Buffalo and numerous police officers."

[All emphases added unless otherwise noted.]