A man who has been in jail for 26 years based on a case made by discredited NYPD homicide Det. Louis Scarcella will get a new murder trial, a judge has ruled.
Brooklyn Supreme Court Justice Desmond Green found that there is “reasonable probability” that the confession Scarcella allegedly elicited from Shabaka Shakur in the 1988 double-murder case “was indeed fabricated,” according to court papers.
Louis ScarcellaByron SmithGreen also said “certain witnesses were found to be more credible than others” in granting Shakur a new trial.
Shakur, 50, was found guilty at trial and sentenced to two consecutive 20-to-life terms.
Scarcella’s reputation as a star homicide detective has been tarnished by allegations of rampant misconduct, including coaching witnesses, made-up confessions and using a crack-addicted prostitute as a witness in multiple murder cases.
So far, convictions in six Scarcella-involved cases have been overturned and some 70 others are under review.
Green said the “new evidence” of Scarcella’s decades-old wrongdoings and his “propensity to embellish or fabricate … necessitates a new trial” in Shakur’s case.
“We are extremely grateful to the court for a full and fair hearing, and Justice Greene’s recognition of the importance of Scarcella’s misconduct,” said Shakur’s attorney Ron Kuby.
“We have no doubt that we will prevail at a new trial, should the Kings County District Attorney be so foolish as to try to perpetuate this injustice further.”
“We are reviewing the decision and considering our options,” said a spokeswoman for the Brooklyn DA’s office.
In hearing last year on whether to grant Shakur a new trial, prosecutors argued they would’ve gotten a conviction even without Scarcella’s testimony, saying there was no indication it was “fabricated.”
Scarcella’s lawyer called the judge’s decision “mistaken.”
“[Scarcella] took a statement in this case, not a confession, violated no police procedures and did nothing wrong,” said Scarcella’s lawyers Alan M. Abramson and Joel Cohen.



