The Atlanta Journal-Constitution

Atlanta man cleared in ’96 killing for which he spent time in prison

He served 14 years in New York before being paroled.

- By Jennifer Peltz

A man who served 14 years in prison for a deadly 1990s shooting was exonerated Thursday after prosecutor­s said they now believe the killer was an acquaintan­ce he has implicated for decades.

“I lost 14 years of my life for a crime that I didn’t commit,” Steven Ruffin told a Brooklyn judge after sighing with emotion.

Although Ruffin was paroled in 2010 and has since built a career in sanitation in Atlanta, he said getting his manslaught­er conviction dismissed and his name cleared “will help me move on.”

“If you know you’re innocent, don’t give up on your case — keep on fighting because justice will prevail,” Ruffin, 45, said outside court. “That’s all I’ve wanted for 30 years — somebody to listen and really hear what I’m saying and look into the things I was telling them.”

Prosecutor­s said they were exploring whether to charge the man they now believe shot 16-year-old James Deligny on a Brooklyn street during a February 1996 confrontat­ion over stolen earrings. Brooklyn District Attorney Eric Gonzalez said after court that charges, if any, wouldn’t come immediatel­y.

“You have to be able to convict someone beyond a reasonable doubt, and we have to make sure that that evidence is sufficient to do so,” said Gonzalez, who wasn’t DA when Ruffin was tried. “You have a lot of factors working against us procedural­ly but also factually. Unfortunat­ely, this is 30 years ago.”

Ruffin’s conviction is the latest of more than three dozen that Brooklyn prosecutor­s have disavowed after reinvestig­ations over the past decade. Over a dozen, including Ruffin’s, were connected to retired Detective Louis Scarcella. He was lauded in the 1980s and ’90, but defendants have accused him of coercing confession­s, engineerin­g dubious witness identifica­tions and other troubling tactics. He has denied any wrongdoing.

Prosecutor­s said in their report they “did not discover any misconduct by Scarcella” in the matter. But prosecutor­s also said the police investigat­ion — and their office’s — “were wholly inadequate” and tunnel-visioned, failing to look into the person they now believe was the gunman.

The mistaken-identity shooting happened as Ruffin and others were looking for a robber who had just snatched earrings from Ruffin’s sister. In fact, Deligny wasn’t the robber, authoritie­s say.

Tipsters led police to Ruffin, then a 17-year-old high school student, and the victim’s sister identified him in a lineup that a court later deemed flawed. Scarcella wasn’t involved in the lineup, but he and another detective questioned Ruffin. The teen told them, twice, that he saw but wasn’t involved in Deligny’s shooting, said police records quoted in prosecutor­s’ report.

Then Scarcella brought the teen’s estranged father — a police officer himself — to the precinct. The father later testified he told his son to “tell the truth,” but Ruffin said his father leaned on him to confess.

And he did confess, saying he fired because he thought Deligny was about to pull something out of his jacket. Ruffin told the detectives they could retrieve the gun from his sister’s boyfriend, and they did, prosecutor­s’ report said.

Ruffin quickly recanted to his father, who didn’t tell the detectives his son had taken back his confession, the prosecutor­s’ report said. The teen went on to testify at his trial that he didn’t shoot Deligny but saw and knew the killer — his sister’s boyfriend, the one who’d given police the gun, broken up into parts and stuffed into potatoes.

Jurors at Ruffin’s trial heard from the boyfriend, but only about his relationsh­ips with the defendant, his sister and others in the case. When the jury was out of the room, the boyfriend invoked his Fifth Amendment right against self-incriminat­ion and declined to answer other questions, including where he’d been on the night of the shooting.

Prosecutor­s didn’t release the boyfriend’s name Thursday, and the names of lawyers who have represente­d him weren’t immediatel­y available. He told prosecutor­s during their recent reinvestig­ation he had nothing to do with the shooting and didn’t give detectives the gun. He also said he never confessed to anyone, though prosecutor­s say Ruffin’s stepfather, sister and late mother all have said he made admissions to them.

Asked Thursday about the boyfriend, Ruffin’s lawyers noted the prospect of any prosecutio­n now is uncertain.

“We only wish that in 1996, Detective Scarcella and others had performed the investigat­ion they should have and been able to get this right the first time,” attorney Garrett Ordower said, noting that Deligny’s family may now never have the finality of a conviction in his death.

As for Ruffin, he’s focused on his future, including promotion opportunit­ies at his job in Atlanta. His nowvoided conviction, he said, “never defined me.”

“This never really spoke of the person I was or the man I was going to become,” he said. “So this, to me, is a great closure of a chapter my life, but my life is still going up.”

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