Prosecutors disavow three convictions in 1995 NYC subway killing

Transit workers dismantle the charred inner wall of a token booth at the Kingston Ave and Fulton St subway station. Photo / AP

Prosecutors are disavowing the convictions of three men who spent decades in prison for one of the most horrifying crimes of New York's violent 1990s — the killing of a clerk who was set on fire in a subway toll booth.

Vincent Ellerbe, James Irons and Thomas Malik confessed to and were convicted of murdering token seller Harry Kaufman in 1995. The case resounded from New York to Washington to Hollywood, after parallels were drawn between the deadly arson and a scene in the movie Money Train.

But Brooklyn prosecutors now plan to join defence lawyers in asking a judge to dismiss all three men's convictions.

"The findings of an exhaustive, years-long reinvestigation of this case leave us unable to stand by the convictions," Brooklyn District Attorney Eric Gonzalez said in a release. He cited "serious problems with the evidence on which these convictions are based" and acknowledged "the harm done to these men by this failure of our system".

The confessions conflicted with evidence at the scene and with each other, and witness identifications were problematic, prosecutors say. Some of the men have long said they were coerced into confessing in the case, which had a lead detective who later was repeatedly accused of forcing confessions and framing suspects.

Ellerbe, 44, was paroled in 2020, but Malik and Irons, both 45, have remained in prison. Messages seeking comment were sent to their attorneys.

Kaufman was working an overnight shift at a Brooklyn subway station on November 26, 1995, when attackers first tried to rob him, then squirted gasoline into the booth and ignited it with matches while he pleaded, "Don't light it!" authorities said at the time. The booth exploded, and the 50-year-old Kaufman ran from it in flames. The married father died of his injuries two weeks later.

The attack bore some resemblance to a scene in Money Train, an action movie that had been released four days earlier. Then-Senate majority leader and Republican presidential hopeful Bob Dole took to the Senate floor to call for a boycott of the movie.

Authorities gave mixed signals over the years about whether they believed the film had inspired the killing.

Pallbearers carry the remains of token clerk Harry Kaufman in Brooklyn. Photo / AP

Police scoured for suspects and eventually came to question Irons, getting a confession that he was acting as a lookout. He implicated Malik and Ellerbe as the men who had torched the tollbooth.

From their arrests onwards, Ellerbe and Malik maintained they had been coerced into false confessions, with Malik saying Detective Louis Scarcella had screamed at him and slammed his head into a locker. Scarcella testified that he cursed, pounded a table and was trying to scare the then 18-year-old Malik but didn't beat him.

Gonzalez's office said its review found that Scarcella and his partner fed important details about the crime scene to Irons — details that prosecutors later used at trial to argue that his confession was so specific that it had to be true. But it included clearly dubious claims — for instance, that he had been able to see his supposed accomplices jump into a getaway car, though it was parked a block away and around a corner, prosecutors said.

At the time, Scarcella was a star Brooklyn homicide detective in a city reeling from crime. But after questions accumulated about his tactics, the Brooklyn district attorney's office began in 2013 to review scores of cases that he had worked on.

Scarcella, who retired in 2000, has denied any wrongdoing. While more than a dozen convictions in his cases have been overturned, prosecutors have stood by scores of others.