Another Brooklyn murder conviction in question due to ex-NYPD Det. Louis Scarcella
A murder conviction based on a confession obtained by disgraced former NYPD Det. Louis Scarcella could be overturned, a judge signaled Thursday, ordering a hearing examining the “investigative methods and tactics” used by the notorious cop and his partner.
Hector Lopez was busted in June 1994 and accused of setting fire to an apartment building in Williamsburg that killed two residents. Lopez, then 27, confessed to starting the blaze, authorities said at the time.
“You guys got it right,” a weeping Lopez is said to have told Scarcella after about 12 hours in custody.
Lopez was convicted the following year and sentenced to 25 years to life in prison, but his appeals lawyer said the discrepancies between the evidence and what Lopez supposedly said suggested the “disturbing likelihood” Scarcella made up the confession.
Lopez was granted parole on his first try, in February 2019, and released that June.
On June 8, Brooklyn Justice Myriam Cyrulnik ordered a hearing to determine if the “investigative methods and tactics” used by Scarcella and his partner, Det. Steven Chmil, “constitute newly discovered evidence that creates a reasonable probability the defendant would have received a verdict more favorable to him had the jury been aware of it at the time of trial.”
She stopped short of vacating Lopez’s conviction. The hearing will be held in September. Lopez’s lawyer, Cary London, believes justice will prevail.
“I think the Judge will do the right thing and set aside the conviction based on the newly discovered evidence regarding Detective Scarcella and the falsified confession in Mr. Lopez’s case.,” London said. “The evidence will speak for itself....My client is thrilled to have the opportunity to present a fair defense the second time around.”
The Brooklyn District Attorney’s office, meanwhile, said it “will continue to handle this matter in court.”
There have now been 15 convictions secured by Scarcella during the ‘80s and ‘90s that were later vacated. The city has paid out more than $50 million to the wrongly convicted.
Scarcella has repeatedly denied any misconduct.
Editor’s note: An earlier version of this story incorrectly reported that Judge Cyrulnik vacated Lopez’s conviction. The story has been updated to note that the judge only ordered a hearing on tactics used by Det. Scarcella and his partner.
