Partial win in heist
DA won’t fight nixed conviction, but may retry
The Queens District Attorney will not appeal a judge’s decision last week to throw out a man’s 2001 attempted murder conviction, saying her office will instead reinvestigate the case and decide whether or not to retry it.
The announcement came just hours after protesters called on Queens DA Melinda Katz to support the release of Robert Majors, 54, who has spent more than 20 years behind bars for attempted murder and other charges.
“After careful consideration of the factual and legal issues, I have decided not to appeal the judge’s decision,” Katz said in a statement.
“The Court, while not ascribing any improper motive to the prosecutors, found that certain documents were not turned over to the defense at the time of trial.”
Katz was referring to a three-page affidavit written by a police informant that implicated in the case another man named “Rasheed.” The affidavit was never turned over to Majors’ defense team.
Majors says he was at a chiropractor’s office when the heist took place.
“I just want my brother home,” said his sister, Katrina Majors. “I feel this conviction — it was wrong and it messed up our whole family. We just want him home with the whole family.”
Majors, his brother-inlaw and a third man were convicted in 2001 of taking part of the armed heist of an armored car in 1997 that seriously wounded an offduty NYPD officer and a retired NYPD officer.
The same Queens judge who sentenced Majors in 2001 overturned his attempted murder convictions on May 18 based on the new evidence.
But the judge did not overturn Majors’ weaponspossession charges in the case, for which he was sentenced to 12 years to life.
“Some of the weapons the defendant possessed on the day after the shooting, including an assault rifle, were ballistically linked to the shooting,” said Katz. “Based on this undisputed link to the shooting, and due to the seriousness of the charges, I believe a thorough investigation is necessary into the viability and advisability of a continued prosecution.”
Katz’s announcement will not satisfy protesters who demanded she support Majors’ release.
“We’re here to put pressure on the Queens DA to not appeal the conviction, not retry him, but give him a shot at the parole board to come home,” said Nick Encalada-Malinowski, an advocate with Vocal New York.
Majors has a Parole Board hearing on June 22, his lawyer said.
“There should be no trial or none of that,” said Majors’ niece, Lanasia Majors. “Just let him go. Why retry him if you know he didn’t have no part in any of this?”