As Sundhe Moses sat in a Brooklyn courtroom more than 20 years ago, he insisted that he had been forced into confessing to a crime he didn't commit.
As Sundhe Moses sat in a Brooklyn courtroom more than 20 years ago, he insisted that he had been forced into confessing to a crime he didn't commit.
During his 1997 trial in Brooklyn Supreme Court, Moses testified that now-retired Detective Louis Scarcella beat him into confessing to the crime. After entering a guilty plea in the drug case, the judge sentenced Moses to a consecutive sentence because he was a two-time felon, increasing his stint to 16 1/2 years. He had been facing up to seven years if convicted at trial. He had to plead guilty to a felony because he was predicate felon.
Kuby and Busby first filed a motion with the Brooklyn District Attorney's revamped Conviction Review Unit as they were investigating more than 70 Scarcella-related convictions. In 2015, Moses' legal team decided to file a motion with a judge requesting an evidentiary hearing in the hope of getting the conviction tossed in favor of a new trial.
"This situation presents the extremely rare case in which the Court cannot say the defendant would have entered a guilty plea to the crime of attempted promoting prison contraband in the first degree had it not been for the conviction on the murder charge," wrote Clinton County Court Judge Keith M. Bruno in his written decision granting the motion to toss his guilty plea. Bruno did note that Moses did not dispute that he used marijuana in prison.
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