Brooklyn man convicted in 1989 murder of Yusuf Hawkins will try to prove his innocence

(BROOKLYN, N.Y.) -- When Yusuf Hawkins, a Black 16-year-old, was shot and killed in Brooklyn in 1989 as he went to purchase a car, the crime set off months of angry protests.

Now, the man convicted in Hawkins' murder, who has been behind bars for nearly 35 years, will get a chance Thursday to prove his innocence with what his defense attorney says is new evidence.

Joseph Fama, who was 18 at the time of the murder, was part of a white mob that chased down Hawkins and three other unarmed Black youths in August 1989 in Bensonhurst, Brooklyn, according to court documents.

Fama, who is white, was convicted in May 1990 of second-degree murder, first-degree riot, third-degree criminal possession of a weapon, first-degree unlawful imprisonment, menacing and discrimination. All counts were ordered to run concurrently, giving Fama 25 years to life in prison, according to court documents.

“Unfortunately, terribly, Yusuf Hawkins, innocent, innocent man, was killed --- let’s just start with that --- because he’s Black,” Justin Bonus, Fama’s attorney, told ABC News in a phone interview last week. “My client was not involved with this whole group of kids sitting there waiting for Black guys to come.”

The murder sparked protests against racial violence around New York City at a time when tensions were high. Months earlier, the Central Park Five, a group of Black and Hispanic teenagers, were wrongfully convicted of rape and assault of a white female jogger.

Five witnesses testified that they saw Fama shoot Hawkins, and four more witnesses placed Fama at the scene the night that the teenager was shot three times, according to court documents. Two jailhouse informants testified that Fama admitted to them that he shot Hawkins because he was Black, according to court documents.

“First of all, jailhouse informants, are we going to go by that?” Bonus said to ABC News.

The judge in Fama’s original trial did not allow the father of one of the informants to testify that he believed his son was lying about his claim that Fama confessed that he killed Hawkins. The courts made that decision because the defense failed to lay a foundation for the admission of the evidence during cross-examination of the informant, according to court documents.

According to a motion by Fama’s defense, two of the witnesses, who previously said that they saw Fama kill Hawkins, recanted their testimonies and claimed that they were coerced by investigators to pin the shooting on the defendant.

During the original trial, the court denied the defense’s request to call Frankie Tighe, one of the witnesses who recanted his testimony, to the stand because defense attorneys had already rested their case four days before their request, according to court documents.

Keith Mondello, one of the alleged leaders of the mob that chased Hawkins and who was convicted, provided new evidence that also claimed Fama was not the killer, according to court documents.

Five additional witnesses originally claimed that, after the shooting, Tighe ran around the corner to their location and they heard him say, "Joe Fama just shot a Black kid," according to court documents.

The defense says they have new evidence that one of those witnesses later recanted their testimony and stated that detectives spoke to him many times and pressured him to accuse Fama, according to the defense’s motion.

On Aug. 23, 1989, at about 9:00 p.m. Hawkins and three of his peers took a subway train from their Brooklyn neighborhood in East New York to Bensonhurst to look at a used car for sale, according to court documents.

The four peers became lost in Bensonhurst and, as they searched for the address of where the used car would be, they came across a group of 20 to 40 white individuals who, coincidentally, were expecting Black and Hispanic men to attend a birthday party in the neighborhood that night, according to court documents.

The party was hosted by an 18-year-old white woman who the men in the neighborhood believed invited Black and Hispanic men to the birthday celebration, according to Bonus. The men gathered in the vicinity of her home, allegedly voiced racist threats and armed themselves with bats, golf clubs and handguns as they allegedly waited for the men of color to come to the party, according to court documents.

The group of men chased Hawkins and his peers when they saw them, according to court documents. The confrontation ended with Hawkins shot. He died a short time later. Fama was sentenced for 25 years to life in prison on June 11, 1990.

The defense claims to have twelve new affidavits from witnesses that allege that Fama did not shoot Hawkins. Some of those witnesses say police pressured them to accuse Fama.

The defense motion focuses on one investigator, former Detective Louis Scarcella, claiming he was “significantly involved with the investigation and procuring witnesses.”

A complaint against Scarcella alleges that nearly 20 homicide convictions associated with the former detective have been vacated and in at least nine of those convictions, Scarcella coerced false confessions or fabricated written confessions from innocent individuals, according to court records.

Joel Cohen, Scarcella's attorney, told ABC News over the phone that some judges found that Scarcella was involved in improper tactics which led to the convictions of several individuals, but the court only found innocence in one of the overturned cases.

Scarcella didn't file a response to any of the complaints, according to his attorney.

"Joseph Fama’s motion to vacate his conviction for the racially motivated murder of Yusef Hawkings 32 years ago is flatly contradicted by the overwhelming evidence of his guilt," Cohen told ABC News in part through a statement. "His lawyer’s claims that the that the "…”murder investigation was led by Detective Louis Scarcella ,” and that Scarcella was “all over the investigation” are reckless and provably false and based in part by the lawyer’s “surmise.”

The DA’s office told ABC News that Scarcella only played a minor role in the investigation and was one of more than 65 investigators working on the case. The defense believes Scarcella was "significantly involved in" the investigation, according to court documents.

The NYPD did not reply to ABC News' request for a statement.

The DA’s office claims witnesses testified that they saw Fama receive a gun from the individual who Bonus alleges was the actual shooter just before Hawkins’ death.

In Tighe’s recanted statement, he claimed that Fama used a silver handgun in the shooting, but Claude Stanford, one of Hawkins’ peers who was with him the night he was shot, said that the shooter used a black gun and was about 6 feet tall, according to the defense's motion. Fama was about 5 feet, 8 inches tall at the time, according to court documents.

Fama has already tried twice to appeal his conviction and was denied by the court both times, according to legal documents. This is his third attempt to vacate his conviction.

Fama’s court conference hearing is set for Nov. 21, according to the Brooklyn District Attorney’s Office.

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