N.Y. Man Exonerated After 17 Yrs. in Prison

New York will not retry Martin Tankleff, who spent 17 years in prison.

ByABC News
June 30, 2008, 3:31 PM

June 30, 2008— -- GARDEN CITY, N.Y. (AP) -- A man who spent 17 years in prison before a court said he might be innocent in the 1988 murder of his parents was told Monday that he will not have to face a second trial.

Martin Tankleff, 36, was convicted in 1990, but defense attorneys have long contended that his disputed confession given to detectives on the day of the killings was coerced, and argued that a family business associate was the real culprit.

Last December, an appellate court ruled that key evidence in the case had been overlooked and said Tankleff was entitled to a new trial. When Suffolk County prosecutors opted against a second trial, citing the passage of time and changes in the law, the New York attorney general's office was called in to review the case.

That six-month review ended Monday, when state prosecutors said they too would not prosecute Tankleff a second time.

Benjamin Rosenberg, who was appointed by Attorney General Andrew Cuomo to conduct the review, said that while there was "some evidence" that Tankleff committed the crimes, "after 20 years the evidence is insufficient to conclude or would prove beyond a reasonable doubt that he did so."

Tankleff had no immediate reaction to the decision.

His exoneration ends an extraordinary legal odyssey that included a coerced confession; a drawn-out appeal bankrolled by a team of high-powered lawyers who took the case pro bono; and conspiracy theories about the identity of the real killers.

Seymour Tankleff and his wife, Arlene, were found slain in their waterfront home in Belle Terre, a well-to-do enclave overlooking Long Island Sound, on Sept. 7, 1988, the morning Martin was to begin his senior year in high school. Arlene Tankleff was found bludgeoned in her bedroom; Seymour was stabbed in his study and died about a month later.

Detectives questioned the teenager at the home after he called 911 to report the attack. Later, they took him to police headquarters where they used an interrogation tactic in which they falsely told him that his father had awakened from a coma and named him as the killer.