In 2019, Eliseo DeLeon enjoyed a Thanksgiving dinner with his family. His first in over 20 years, after a judge in Brooklyn overturned his murder conviction.
“It’s a relief that I’m not sitting here behind bars, wondering what my family is doing,” he said to NY1 at the time.
Three years later, his lawyer tells NY1 DeLeon had a heart attack, not long after the same judge that threw out his conviction, found him guilty again.
Brooklyn Supreme Court Justice Dena Douglas did not dismiss the case back in 2019, leaving the indictment in place, which allowed the Brooklyn district attorney’s office to bring the case again, if they chose.
Back in 1995, Fausto Cordero was murdered in what prosecutors called a botched robbery attempt. They said Eliseo DeLeon pulled the trigger, killing Cordero in front of his wife, seven-year-old son, and niece.
In the investigation, Cary London said his client, DeLeon, confessed to the murder, but that it was through manipulation by former NYPD Det. Louis Scarcella.
“Det. Scarcella admittedly picked up the client and arrested the client, was in the room during the interrogation of the client and picked up the only witness who identified Mr. DeLeon in the lineup,” London said, describing the now-retired NYPD detective’s involvement in the case.
Scarcella has had many of his cases reviewed by the Brooklyn DA’s Conviction Review Unit. So far, judges have overturned nearly two dozen convictions he was involved with.
Scarcella has maintained he did nothing wrong in his cases.
“You prided yourself on being a good homicide detective in the ’80s and ’90s?” asked London during the re-trial, where Scarcella testified.
“I still do,” Scarcella said in response.
The Brooklyn DA’s office said Scarcella played a minor role in the investigation, and that the evidence centered on two eyewitnesses, who identified DeLeon as the shooter. One of the eyewitnesses was Cordero’s wife.
Last week, Douglas found DeLeon guilty in a bench trial.
“In this case, I do believe the confession was still falsified, but in this case there were two other eyewitnesses who said they saw Mr. DeLeon as the one who committed the murder that, obviously, the judge thought were not tainted by Det. Sacrcella. We disagree, but the judge is the judge. She is the ultimate decider of the fact in this case because we did waive a jury,” said London.
The Brooklyn DA’s office applauded the ruling.
“The guilty verdict handed down by a judge [last week], which correctly focused on the eyewitness identifications, validates the approach my Office has taken when reexamining cases involving Det. Scarcella: we ask to vacate when we find misconduct or violations of due process rights and stand by convictions when the evidence supports findings of guilt. In this case, compelling eyewitness accounts provided proof beyond reasonable doubt of the defendant’s guilt at both the original trial and again today,” District Attorney Eric Gonzalez said in a statement.
Douglas was the same judge who overturned the conviction back in 2019.
“Shocked. Beyond words. I don’t have words to explain it,” said London.
London said DeLeon had a heart attack after the ruling, spending that night in the hospital. He was eventually taken to Rikers, where he is awaiting his sentencing.
London said DeLeon has maintained his innocence and that he was in Rochester the night of the shooting, which occurred in Brooklyn.
“He called me about an hour ago and he is just taking it one step at a time and hoping we get a 15 to life sentence and not a 25 to life sentence,” London said from his office on Tuesday.
A 15 years to life sentence would mean DeLeon would be eligible for parole immediately, while a 25 years to life sentence would mean eligibility in a few years.
A parole board would then decide whether to release DeLeon, set to be sentenced next week.
DeLeon already spent close to 23 years in prison following the first conviction.
London said he has not decided whether he will appeal the latest verdict.