Nelson Cruz, Victim of Notorious NYPD Detective Louis Scarcella, Fights to Overturn Conviction
Updates:
- Nelson Cruz Files Habeas Corpus Petition to Second Circuit Federal Court
- Court Denies Nelson Cruz Innocence Claims
Nelson Cruz was 16 years old in 1998, when he willingly went to the 75th precinct in East New York to answer cops’ questions about a street murder. He has never made it out of prison since that day. Twenty-two years later, he remains behind bars in New York State for a crime he never committed and one that was actually witnessed by two NYPD patrol officers.
“I’ve been here since I was a kid, since day one, since I went from the precinct to Rikers Island,” said Cruz, who has spent more than half of his life behind bars.
On April 3, 1998, Nelson Cruz was arrested for the murder of Trevor Vierra.
NYPD officers actually witnessed the murder of and arrested a “male Hispanic with a ponytail” who they saw killing Trevor Vierra on March 28, 1998. One officer reported that he saw the man pointing a black gun at the victim and sees a “muzzle flash.” Police, with their guns drawn, arrested a ponytailed man who was then handcuffed after dropping his gun and brought to the 75th Precinct for his arrest
Eduardo Rodriguez was identified as the “Ponytail guy” who the officers observed shooting and killing Vierra. But, when brought to the precinct for processing and interrogated by detectives, Rodriguez bizarrely implicated Nelson Cruz as the actual perpetrator who shot and killed the deceased. Even though the police identified Rodriguez, and he was caught rapidly firing when Police came on the scene, Rodriguez, was never called at the trial, and totally dissipated from the case. Why?
Eduardo Rodriguez allegedly informed the police while in the precinct under interrogation that Nelson Cruz, not himself was the person who shot and killed the deceased. Based on this erroneous identification by Rodriguez, detective Louis Scarcella and his partner Stephen Chmil with tunnel vision began building their case against Nelson Cruz.
Nelson Cruz says his life changed when a detective named Louis Scarcella walked into the room.
“He tried to get a confession out of me at the precinct,” Cruz said. “And when I refused to sign it, he became frustrated, crumpled up the paper and slapped me in the face with it. He told me, ‘Listen, you just sign the paper, and you’ll go home.’ I told him, ‘I’m not signing any paper.’ “
Internal NYPD reports show that Scarcella and his partner did interview two police officers who happened to be on the street at the time of the murder.
Clearly, the case shifted after Scarcella and his partner arrived at the precinct.
Cruz would spend the next 22 years in prison fighting to prove his innocence
Finally, in 2019, Nelson Cruz was granted a hearing to overturn his conviction before Judge Simpson in Kings County Criminal Court. The six-month hearing brought forth over nine witnesses attesting to Nelson Cruz’s innocence including retired NYPD officer William Piatti, the NYPD patrolman who witnessed the murder and arrested the guilty party, Eduardo Rodriguez.
For attorney Justin Bonus and wrongful conviction legal expert and exoneree Derrick Hamilton, the case for Cruz’ innocence was never in doubt. But, in a shocking decision by a clearly erratic Justice ShawnDya Simpson, Nelson Cruz was denied a new trial.
Devastated by the Judge’s decision, attorneys requested that she reconsider her bench decision. While the Judge agreed to further oral arguments, immediately after her erratic decision she resigned due to medical issues. It was subsequently revealed that Judge Simpson was unfortunately suffering from Alzheimer’s. In a final affidavit filed with the request to the court for a review of the hearing, Judge Simpson’s husband revealed that she was clearly suffering the effects of Alzheimer’s disease during Nelson Cruz’ hearing.
For a detailed report on the case and the Judge’s decision, see article on
Nelson Cruz, Louis Scarcella, and Another Plea for Innocence, Sean Piccoli
NBC: I-Team: Brooklyn DA Looking Into Another Murder Case Connected to Embattled Detective