Latin King's Murder Conviction Thrown Out By Brooklyn DA

GOWANUS, BROOKLYN — New evidence cast doubt on decades-old murder trial testimony that landed a Latin King in prison for the past 25 years, a conviction review board found.

Brooklyn District Attorney Eric Gonzalez announced Tuesday that he would throw out the murder conviction of Christian Pacheco, who has been behind bars since 1995.

A conviction review board report found Pacheco's conviction was largely based on a bouncer's testimony that he saw Pacheco slash another man's throat in a 1995 gang-related Gowanus nightclub brawl.

But the board found new evidence that showed the witness provided an "inaccurate and unreliable account," according to a statement.

“While we have not fully cleared Mr. Pacheco from any involvement in this incident, he was unquestionably prejudiced because the testimony presented against him is not supported by a review of the facts and evidence," Gonzalez wrote.

"Simply put, the goal of accurately establishing what happened during this homicide wasn’t achieved during Mr. Pacheco’s trial."

The report delves into the early morning hours of Dec. 2, 1995, when Pacheco and about 15 other Latin Kings strode into a Third Avenue nightclub in Gowanus.

A confrontation on the dance floor led to a violent fracas that spilled outside the club, according to the report. One man — Lemuel Cruz — had his neck slashed with a razor blade during a brawl with the Latin Kings, who also punched, kicked and stabbed him, the report states.

The bouncer, a former Latin King himself, told authorities he saw Pacheco slash Cruz's throat, the report states. He told the same story to jurors during a 1995 trial which ended in Pacheco's and three other men's conviction, authorities said.

But two of those convictions were thrown out after other investigations, according to a release.

Gonzalez's office's Conviction Review Unit looked into the evidence against Pacheco and found he likely was involved in the brawl and stabbed Cruz, but raised questions about the specific testimony against him.

"Regardless of the strong direct and circumstantial evidence of guilt, CRU has concluded that the
defendant did not receive a fair trial," the report states.

They found the witness incorrectly described both Pacheco and the murder weapon. Other witnesses described another man slashing Cruz's throat, the report states.

Prosecutors at the time relied on the witness' testimony, which is now in doubt, the report states.

"As the prosecution relied solely on this testimony, it is reasonable to believe that the jury found the defendant guilty based on this unreliable evidence, which the trial court noted as 'very strong' in imposing the maximum sentence for Murder in Second Degree on the defendant," the report concludes.

"Thus, CRU concludes that the defendant did not receive a fair trial because the evidence upon which the prosecution relied was inaccurate and incorrect."

Pacheco would have been eligible for parole in December if the prosecutor didn't throw out his conviction.