INNOCENT MEN
Witness: Cops made me say 2 susps killed in ’87
Witnesses who helped convict two men for the murder of a French tourist in Manhattan more than 30 years ago now say NYPD detectives and prosecutors forced them to lie.
Robert Anthony testified Wednesday that he was grilled for more than 12 hours by cops investigating the deadly robbery of 71year-old Jean Casse on Jan. 1, 1987.
Anthony, a 49-year-old truck driver, was on the stand in state supreme court as the men who went to prison for killing Casse try to get their convictions overturned.
The Daily News first reported last year that childhood friends Eric Smokes, 51, and David Warren, 48, have served their time and been released — but are determined to prove they had nothing to do with the attack.
Anthony claims he remembers police showing him pictures of Smokes and Warren, identifying them as the killers, based on what other witnesses said.
“They kept asking me who did it,” Anthony said. “I kept telling them I didn’t know.”
He recalled telling two detectives, “I didn’t do anything. And they said, yeah, well … If they didn’t do it, you did it.”
After a dozen hours in the hot seat repeatedly telling investigators he only saw Casse on the ground outside Ben Benson’s steakhouse on W. 52nd St., Anthony testified that he finally told cops what they wanted to hear. “I was scared,” he explained.
Another witness, Kevin Burns, a 51-year-old city sanitation worker, testified that he was being questioned for an unrelated robbery when he “blurted out” that he was at the murder scene and implicated Smokes and Warren. Under oath Wednesday, Burns said he told an assistant district attorney at the time that he had lied, but she told him it was too late and if he didn’t go along with the original story she’d put out word that he was a rat and not cut him a break on his robbery case.
He caved, he said, and after testifying got only a so-so evaluation from an investigator.
“I lived with this lie,” he said. “Everybody has something in their life they’re ashamed of and wish they had a chance to rectify. This is my chance to rectify this lie that I told 30 years ago.”
Assistant District Attorney Christine Keenan highlighted contradictory statements made by both witnesses – and their criminal records. Anthony has a robbery conviction and Burns has several robbery convictions.
Smokes was 19 years old and Warren was 16 when they left their East New York homes to celebrate New Year’s Eve in Manhattan and have long maintained they were not involved in the murder and were convicted on false testimony.
Casse was walking with his wife when he was surrounded by a group and punched. He fell to the ground, and while he lay there bleeding, someone stole his wallet. He died of massive head trauma later that day.
Warren was given a chance to make a deal and roll on Smokes. He took his chance in court instead and got 15 years to life, he was released in 2009.
Smokes was sentenced to 25 years to life and got out two years later.
The Manhattan District Attorney’s office has not responded to defense motions to overturn the convictions.