New York judge overturns conviction in 1990 murder of tourist

By Katie Reilly

NEW YORK (Reuters) - A New York state Supreme Court judge on Tuesday overturned the conviction of a man who served 25 years in prison for his involvement in the murder of a 22-year-old tourist during a mugging on a New York City subway platform decades ago.

Johnny Hincapie was convicted of murder and robbery, accused of being part of a group of men who attacked a family of tourists from Utah to get money to attend a dance in 1990.

Brian Watkins, 22, was fatally stabbed while he tried to defend his parents during the robbery.

At the time, the case was seen by many as an example of New York City's rampant crime and random violence.

State Supreme Court Justice Eduardo Padro said on Tuesday that newly discovered evidence, including new witness testimonies that said Hincapie, then 18, was not on the subway platform at the time of the robbery, would have changed the outcome of Hincapie's conviction and warranted a new trial.

Hincapie said he was innocent and was coerced into a false confession by police.

"Justice has been a very long and sad time coming, but it has finally arrived," said Ron Kuby, Hincapie's attorney.

"Nothing is ever going to give Johnny the 25 years he spent in prison for a crime he did not commit, but he never succumbed to despair even though despair was his constant companion," Kuby said.

Hincapie is expected to be released on parole this week, Kuby said, and the Manhattan district attorney's office must now decide whether to dismiss, appeal or retry his case.

"We remain committed to re-trying the case, if necessary," said Joan Vollero, spokeswoman for the Manhattan district attorney's office, in a statement.

"We regret the fact that re-trying the case would subject the family of Mr. Watkins to testifying at another trial, reopening old wounds and forcing them to relive the horror of that night 25 years ago," she said.

(Reporting by Katie Reilly; Editing by Sandra Maler)