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Appeals Court: New Trial or Freedom for N.Y. Man
By Associated Press
Published: 06/19/2003

A man convicted of murder 12 years ago should get a new trial or be released after a key witness against him recanted his testimony, a federal appeals court ruled Tuesday.
The U.S. 2nd Circuit Court of Appeals overturned the conviction of Ruben Ortega, sentenced by a state court to 25 years to life in prison for the 1990 killing of Lionel Diaz on a Brooklyn street corner.
Ortega was convicted in 1991 after Dana Garner testified that he witnessed the killing as he went to meet his mother at a subway station.
In 1999, Garner admitted that he had lied, saying two police detectives suggested he should testify as if he had witnessed the killing, the appeals court said.
The appellate court received the case after a state judge and a federal judge refused to toss out the conviction.
The appeals court noted that two other men were freed after Garner admitted lying in their cases. One defendant had served more than seven years for a murder conviction, and the other had served more than 10 years after he was convicted of kidnapping Garner.
Lawyers for Ortega and a prosecutor did not immediately return telephone messages seeking comment Tuesday.



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