Man Freed After Nearly Two Decades in Prison for Robbery He Did Not Commit
Kenneth Windley, a 61-year-old man wrongfully imprisoned for nearly twenty years over a $550 robbery, has finally walked free after prosecutors admitted he did not commit the crime. Windley was released from a Brooklyn courthouse on Monday, marking his first taste of freedom since his conviction in 2007. His case was dismissed by a judge following a joint request from both the prosecution and Windley's legal team, who cited new evidence that corroborated his long-standing claims of innocence.
New Evidence Overturns Conviction
Prosecutors presented new evidence, including confessions from two other individuals convicted of similar robberies, which supported Windley's consistent assertions that he was not involved in the crime. These confessions, obtained through sworn statements and interviews with the District Attorney's office, were described as "compelling" in a report released on Monday. The two men, referred to only as "Suspect 1" and "Suspect 2" in the report, are currently serving prison time for other robbery convictions and admitted that they had robbed the victim together, with Windley having no part in it.
Brooklyn District Attorney Eric Gonzalez, who shook Windley's hand outside the courthouse, emphasized the broader implications of the case. "This case is really a cautionary tale of how things can seem one way but, without careful analysis, not be what it purports to be," he said. Gonzalez added that he had apologized privately to Windley, stating, "Had we known what the evidence was, this case should have never happened."
The Original Case and Arrest
Windley was arrested in 2005 after purchasing a stove for his mother with a money order that turned out to be stolen. The money order had been snatched from Gerald Ross, a 70-year-old man, by two thieves who followed him home from a bank and post office. The assailants put Ross in a chokehold and took money orders, cash, and a bank book from him. Ross regularly obtained money orders for his rent and life insurance payments at that post office, which helped authorities follow a paper trail after the robbery. This trail led to Windley, who had provided his name, driver's license, and address when buying the stove at an appliance store.
From the outset, Windley maintained his innocence, explaining that he had bought the $542.77 money order at a discount from acquaintances who insisted it was valid but unusable for bureaucratic reasons. "He was duped," one of Windley's lawyers, David Shanies, told the court on Monday. Despite this, Ross identified Windley in a lineup as one of the thieves, and a jury convicted him of robbery in 2007. Due to prior felony convictions, Windley was sentenced to 20 years to life in prison, and his appeals were unsuccessful.
Investigation and Revelations
Early in the process, Windley provided prosecutors with information about the men who sold him the money order, including their nicknames and some details about their legal names. After his conviction, a friend and private investigators helped him flesh out the men's identities and persuade them to come forward about the robbery. According to the District Attorney's report, if the jury had known the identities and robbery records of these two men, it would likely have raised reasonable doubt about Windley's guilt.
The report noted that both suspects are serving time for other robberies involving male victims in their 60s and older, who were followed home from banks and check-cashing offices in Brooklyn in 2005 and 2006. No new charges have been brought in Windley's case, as the legal timeframe for prosecution expired years ago, and the victim, Gerald Ross, has since passed away.
Moving Forward
Emerging from court, Windley reflected on his ordeal, stating, "It cost me 20 years, but they said they corrected it now. So that's all that matters. So I’m good with that." Heading off to celebrate with his family on Monday afternoon, he expressed no bitterness about his experience. "I’m just going to move on from there," he said, looking ahead to his newfound freedom after nearly two decades of wrongful imprisonment.
