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MSNBC Dateline December 25, 2021 10:34:00

Montero had been in the subway station during the crime and told attorney ron kuby a story that backed up johnny hincapie s account of the night brian watkins was stabbed. montero establishes not only did johnny not participate in the attack, he could not have participated in the attack. and that s established by what luis saw from where we re standing? that s right. based on montero s story, kuby filed a motion for a new hearing. and 24 years after he went away, hincapie got his wish. a manhattan supreme court judge agreed to reopen the case. the people of the state of new york versus johnny hincapie. in february of 2015, the hearing was called to order. for this proceeding the burden was on hincapie s attorneys, ron kuby and his co-counsel leah busby to convince judge eduardo padro that hincapie s conviction should be vacated. ....

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MSNBC Dateline December 25, 2021 10:37:00

Forward before now? kuby says montero was terrified because, as it turned out, he had been wrongfully accused of this very crime. he was held in jail for 18 months awaiting trial on this crime. he was identified by a member of the watkins family, and then they realized that watkins was not sure. 18 months later, they say luis montero, gosh, wrong guy. sorry about that. and they turned him loose. but to kuby, perhaps the most compelling part of montero s testimony, is how he says detectives tried to coerce a false confession from him, the very same thing hincapie says happened to him. just hit me around the kidneys and just slapped me every time i tell them something they didn t want to hear, they would just hit me. so that s when the nightmare started, you know. ....

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MSNBC Dateline December 25, 2021 10:38:00

but montero never cracked and maintained his innocence. kuby argued to the judge that what montero and hincapie say happened to them was easy to believe, that they were just two of many innocent people swept up by police at a time in new york history when crime was out of control. simply, in the wrong place in the wrong era. we have done some terrible, terrible things to innocent people in the course of fighting crime. case in point, kuby argued, the central park jogger case. that other so-called wolf pack. just like hincapie, those five teens had also confessed on tape, but they were exonerated in 2002 after dna cleared them. the defense now calls johnny hincapie. now the time had come for hincapie to tell his story under oath on the witness stand. something hincapie says his original trial attorney advised him not to do. ....

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