An Acting Supreme Court Justice in Manhattan dismissed a 1991 murder indictment “with prejudice” yesterday, finding an inmate jailed 18 years to be “actually innocent”.
Justice John A. Cataldo found that the conviction of Fernando Bermudez to have been undermined by flawed identification procedures and the submission of testimony that the prosecution should have been known to be false.
Mr. Bermudez remains in jail for now because of a separate federal drug sale convicrtion that carried a 27 month sentence.
Justice Cataldo apologized to Mr. Bermudez saying “This court wishes to express its profound regret over the past 18 years. I hope for you a better future.”
DECISION AND ORDER: People v. Fernando Bermudez Indictment No. 8759/91