PUBLISHER'S NOTE: How does an Innocent man such as get convicted on no other evidence than a lying 16-year-old?; Read this excerpt from the New York Times story from the New York Times on his arrest , which ran under the heading, "Youth seized in killing of rabbi in Crown Heights…Hundreds were interviewed," by Reporter Joseph P. Fried, published on December 1, 1979 and keep in mind that it was reported elsewhere in another publication, that when arrested he had some of the rabbi's religious vestments in his possession - which would be deemed by the masses (including potential jurors) to be highly incriminating, and which was utterly false. For many of the seeds needed for a wrongful conviction were planted in the New York Times' story. For example, a high profile crime in a tinderbox neighbourhood that was ready to erupt. A brutal killing of a religious leader who was on the way to the synagogue. Police eager to make an arrest, even though the district attorney had not brought charges. A 19-year old taken in custody at his home -with all that suggests - in the morning - and still being questioned that night; A police spokesman suggesting to the paper - for publication - that the arrest was only made after a massive investigation - to whit "after an “intensive investigation, including interviewing hundreds of people,” - and thereby inflating the likelihood of the teenagers guilt; (Remembering of course the judge's finding that he was "actually innocent.") There's more: The police spokesman planting the idea that the rabbi's assailant (referring of course to Carl Miller) had stolen a small case containing the rabbi's shawl and prayer book - without bothering to clarify, as we know now, that these items were not found in the young man's possession. It gets worse. The police also polluted Carl Miller's chance of having a fair trial, by planting for publication in the news, the information that he was part of a group of rebellious young blacks "who have come to public attention at various times in recent years." A final seed, in this garden of weed, was the self-congratulations the police bestowed upon themselves for making the arrest - echoed by the politicians, such as the governor, who was reported by The New York Times, as saying that saying that all New Yorkers were “horrified” by the crime - instead of acknowledging the terrible loss to the community - and leaving the matters of guilt and innocence up to the courts. After this brutal public attack on his presumption of innocence by the authorities what kind of chance did Carl Miller have for justice tp prevail. Instead he at age 19, went to prison, where he remained for the next 30 years - such crucial years in a person's life. We learn from the New York Daily News story that is the subject of this post, that when Carl Miller was was released from prison in 2019 he set about trying to clear his name so that his family, including two grandchildren, could live without the stain of being related to a convicted killer. What an extraordinary man! With the help of his lawyers he has accomplished that. He is a reminder to all of us in the criminal justice system, and the media, that we have to do our jobs fairly and justly - not to stack the deck - and to work all the harder to get it right the first time around.
Harold Levy: Publisher: The Toronto Star.
-------------------------------------------
GIST: (New York Times Story: The arrest): "A 19‐year‐old Brooklyn youth was arrested yesterday and charged by the police with murdering an elderly Hasidic rabbi five weeks ago in the Crown Heights section of Brooklyn.
The suspect was identified as Carl Miller of 1563 Sterling Place, which is at the edge of the Crown Heights neighborhood. He was taken into custody at his home yesterday morning and was still being questioned last night.
The victim was Rabbi David Okunov, 68, a recent immigrant from the Soviet Union, who was killed while on his way to synagogue services on the morning of Oct. 25.
A spokesman for District Attorney Eugene Gold said his office had brought no charges against Mr. Miller, but Lieut. Ralph Feminella, head of the Police Department's 12th Homicide Zone in Brooklyn, said that the District Attorney's office had authorized the police to take Mr. Miller into custody and that they were charging him with murder.
“As far as I'm concerned, he's arrested,” Lieutenant Feminella said. He added that the suspect had been taken into custody after an “intensive investigation, including interviewing hundreds of people.”
“This was an absolute robbery, a crime of opportunity,” the lieutenant said. Rabbi Okunov was shot once in the head in front of 808 Montgomery Street, and his assailant stole a small case containing the rabbi's prayer shawl and prayer book.
Asked whether these items had been recovered, Lieutenant Feminella said, “I'm not free to give that out.”
Mr. Miller was described as unemployed, an amateur boxer, married and the father of a 3‐year‐old son.
The Five Percenters
A police spokesman said that Mr. Miller also used the name Melhar and that he went under that name when he was part of a group called the Five Percenters — a group of blacks, mostly young, who have come to public attention at various times in recent years.
The name is said to reflect the members’ belief that 95 percent of black people do not actively resist exploitation by whites and that 5 percent do, and that they are are among that 5 percent.
Police officials credited Sgt. John Carroll and Detectives Thomas Sorrentino and Frank Rossi with Mr. Miller's arrest. After Rabbi Okunov was killed, Governor Carey issued a statement saying that all New Yorkers were “horrified” by the crime.
Although the police stressed their belief that robbery was the motive, the murder added to tensions already existing in Crown Heights. One event that led to these tensions — the beating of a black teen‐ager last year, allegedly by a large group of Hasidim — had a noisy sequel yesterday in State Supreme Court in Brooklyn.
Cause of the Uproar
At a pretrial hearing for two young Hasidim charged with participating in the beating, a group of 30 black people, thinking that 10 Hasidim were being given preference in admission to the courtroom, began shouting in protest.
Justice Elliot Golden explained to the leader of the black group, the Rev. Herbert Daughtry, that that was not so, and the situation quieted down.
The two accused — Lewis Brennar, 25, and Jonathan Hackner, 22 — were arrested a few minutes after a group of 30 to 50 Hasidic men allegedly assaulted Victor Rhodes, who was then 16, in Crown Heights in June 1978. Young Rhodes remained in a partial coma for nearly two months before recovering. The two defendants deny having taken part in the assault.
Black leaders said the Hasidic youths were part of a vigilante patrol that had beaten black men in the neighborhood 1 who refused to submit to unofficial identification checks. Hasidic leaders said that the accused were yeshiva students on their way home from a wedding party and that they “overreacted” to taunts by young Rhodes, who was said to have snatched a yarmulke from the head of one of them."
———————————————————————
-----------------------------------------------------------
QUOTES OF THE DAY: "Miller told the Daily News that when his lead lawyer, James Henning, called him at home with the news, he felt relief. “Now I don’t have to fight any more,” he said. “I don’t have that stigma any more. I never wavered. I didn’t commit this crime.” Henning called the ruling “historically significant,” adding he could recall only two other cases in the state in which a judge ruled someone innocent — as opposed to ordering a new trial. “It’s just a very high bar to hit,” Henning added. “A finding like this indicates a judge’s extreme confidence in actual innocence. No reasonable juror would convict at a retrial.”
PASSAGE OF THE DAY: "He was released from prison in 2019 and set about trying to clear his name so his family, including two grandchildren, could live without the stain of being related to a convicted killer. Henning filed a motion to vacate in May 2024 on numerous grounds, including insufficient evidence and police and prosecutorial misconduct. Mangano said none of that was proven, but he found it “particularly compelling” that Miller at each parole hearing maintained his innocence even though admitting guilt might have lead to an earlier release from prison. And he said that while Brown’s testimony convinced the jury Miller did it, Brown “may have been mistaken.”
On that, Miller disagreed. “God knows I didn’t kill [the rabbi],” Miller said. “That man who lied, Darryl Brown, knows I didn’t kill him."
-----------------------------------------------
STORY: "Conviction in 1979 Brooklyn rabbi’s murder vacated: Judge rules wrongly accused ‘is actually innocent,’ by Reporter Rocco Parascandola, published by The New York Daily News, on April 1, 2026. (Rocco Parascandola covers the NYPD and criminal justice issues for the New York Daily News, where he has been Police Bureau Chief since 2009. He has won various journalism awards in his 32-year career, which includes stints at New York Newsday and the New York Post. He is the author of "Gunz and God: The Life of an NYPD Undercover.")
GIST: (New York Daily News Story: Actual Innocence): "A Brooklyn judge Wednesday said a man who served 30 years behind bars for killing a prominent Crown Heights rabbi “is actually innocent.”
Judge Guy Mangano, in a 49-page decision, cleared Carl Miller, now 65, of any wrongdoing.
The court, Mangano said in the decision, “finds that there is clear and convincing evidence that defendant is actually innocent.”
“Defendant’s motion to vacate his judgment of conviction is thereby granted,” the judge said, “and the indictment is dismissed.”
Miller told the Daily News that when his lead lawyer, James Henning, called him at home with the news, he felt relief.
“Now I don’t have to fight any more,” he said. “I don’t have that stigma any more. I never wavered. I didn’t commit this crime.”
Henning called the ruling “historically significant,” adding he could recall only two other cases in the state in which a judge ruled someone innocent — as opposed to ordering a new trial.
“It’s just a very high bar to hit,” Henning added. “A finding like this indicates a judge’s extreme confidence in actual innocence. No reasonable juror would convict at a retrial.”
It wasn’t clear if prosecutors would appeal. A spokesman for Brooklyn District Attorney Eric Gonzalez said the DA’s office is “reviewing the decision.”
On Oct. 25, 1979, Miller celebrated his 19th birthday — only to find soon after that he was being eyed in the sensational slaying of Rabbi David Okunov, who was shot, point blank, on his way to morning prayers.
The killer fired once, striking Okunov, 68, above the right eye, then fled the scene at Montgomery St. near Troy Ave. with the victim’s prayer shawl.
From the start, Miller said he was at his girlfriend’s home in South Ozone Park, 9 miles away.
But he was charged with murder — largely on the word of a friend of Miller’s. Darryl Brown, who was 16 at the time, was initially a suspect and provided differing accounts of what he saw, according to court documents.
Two other witnesses did not pick Miller out of a lineup, both describing the man they saw at the murder scene as roughly 5 feet, 9 inches tall and about 150 pounds. Miller at the time was recorded as 6 feet, 1 inch tall and 174 pounds.
Miller was nonetheless convicted of murder in 1980.
He was released from prison in 2019 and set about trying to clear his name so his family, including two grandchildren, could live without the stain of being related to a convicted killer.
Henning filed a motion to vacate in May 2024 on numerous grounds, including insufficient evidence and police and prosecutorial misconduct.
Mangano said none of that was proven, but he found it “particularly compelling” that Miller at each parole hearing maintained his innocence even though admitting guilt might have lead to an earlier release from prison.
And he said that while Brown’s testimony convinced the jury Miller did it, Brown “may have been mistaken.”
On that, Miller disagreed.
“God knows I didn’t kill [the rabbi],” Miller said. “That man who lied, Darryl Brown, knows I didn’t kill him."
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog.
Lawyer Radha Natarajan: Executive Director: New England Innocence Project;
FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
