Bronx District Attorney Darcel D. Clark announced on Wednesday, May 10, that a Bronx judge vacated the attempted murder conviction of a Bronx man who served 26 years in prison, after investigations by her office’s Conviction Integrity Bureau, and by The Innocence Project, found that the man had been wrongfully convicted due to ineffective defense counsel. The case related to a shooting that occurred on the border of Fordham Heights and University Heights in 1996.

 

In the context of the announcement, Clark said, “Norberto Peets has served 26 years in prison, after being found guilty in a trial where his lawyer overlooked key evidence that could have led to acquittal. My Office’s Conviction Integrity Bureau has helped bring him some semblance of justice by investigating his claims and joining The Innocence Project to have the charges dismissed and clear his name. Hopefully it will help him as he puts his life back together.”

 

Officials from the district attorney’s office said that on May 9, Bronx Supreme Court Justice Ralph Fabrizio vacated Peet’s conviction and dismissed the charges of attempted murder, assault, as well as weapon charges for shooting at people, wounding two, on Sept. 29, 1996, under the elevated subway at Jerome Avenue and East 183rd Street subway station.

 

According to officials from the Bronx district attorney’s office, taking into consideration that the only evidence pointing to Peet’s guilt was what was described as “questionable eyewitness identification,” Clark concluded that the reliability of the jury’s verdict was questionable, and on Sept. 30, 2022, her office’s conviction integrity bureau joined The Innocence Project’s motion to vacate Peets’ conviction.

 

As a result, Peets was subsequently released from prison after 26 years. Officials from the district attorney’s office said that separate reinvestigations found that Peets’ trial attorney had not adequately investigated his case, and as a result, had overlooked key evidence that both pointed to an alternate suspect and discredited the eyewitness testimony that had convicted Peets.

 

Clark thanked Risa Gerson, chief of the conviction integrity bureau and Assistant District Attorney Gabriela Tully, who reinvestigated the case.

 

Representatives from The Innocence Project, an organization which works in different ways to pursue and obtain justice for people who have been wrongfully imprisoned, had accompanied Peets to the court on May 9. They said on Tuesday, “Norberto Peets was exonerated today after the court dismissed all charges against him related to a 1996 shooting. Mr. Peets has steadfastly maintained his innocence for 26 years.”

 

According to The Innocence Project, on Sept. 29, 1996, a fight broke out at the elevated subway station at 183rd Street and Jerome Avenue. The organization reported that as he ran down the station’s stairs, a man, described as Black, shot two other men, described as Hispanic, and assaulted a third. The organization further reported that when two police officers arrived at the scene, the gunman began shooting at them.

 

“One of the officers gave chase, exchanging gunfire as the shooter fled the scene,” The Innocence Project reported.  “A bloody bullet fragment was found where the gunman had apparently fallen, leading police to believe that the gunman had been shot. Forensic testing was never performed on the bullet, but ballistics showed the bullet had come from the gun of the officer in pursuit of the suspect. By the time the Innocence Project began its investigation, the bullet fragment had been lost.”

 

Norwood News has contacted both the NYPD and the Bronx District Attorney’s office to request corroboration of the veracity of the above mentioned description of how the shooting unfolded and will update this story upon receipt of any feedback we receive.

 

On May 9, following the announcement of Peets’ exoneration, The City media publication reported on the history of the case, which included accounts that Fabrizio, the latest judge to preside over Peets’ case, had reversed previous decisions that he himself had made, “re-vacating Peets’ convictions and dismissing his original indictment, burying the case for good.”

 

The publication also reported on alleged complaints reportedly lodged against the judge by “at least eight defense attorneys and prosecutors,” as well an allegation by one source that Fabrizio has “a bit of a temper,” but that “his approach helps cases progress” through what is often reported as a slow-moving court system.

 

According to Ballotpedia, Fabrizio is an acting justice of the Bronx County Supreme Court, Criminal Term in the 12th Judicial District of New York. He has also served on the New York City Criminal Court since December 2001.

 

According to Ballotpedia, Fabrizio began his career in 1981 as a law clerk to the law firm of Simpson Thatcher & Bartlett. In 1984, he became an assistant district attorney in New York County and worked in this capacity until his judicial appointment in 2001. He was then appointed to the New York Criminal Court. According to Ballotpedia, Fabrizio was reappointed to this court in 2008, and since 1995, he has taught at the Benjamin Cardozo School of Law as an adjunct legal writing instructor.

 

Norwood News contacted to The Office of the Court Administrator for details of Peets’ case. A representative responded, saying, “The case has been dismissed and sealed, so I have no way of accessing any information.” We were referred by the court administrator to the parties involved in the case for more information. Norwood News had also contacted The Innocence Project in efforts to reach Peets for comment on the case and will update this story should we receive feedback.

 

We re-contacted The Office of the Court Administrator on Wednesday to request a comment on Fabrizio’s reported reversal of his previous decisions in relation to Peets’ case and on the reported complaints lodged against Fabrizio by “eight defense attorneys and prosecutors,” and will update this story should we receive any feedback.

 

Norwood News also contacted both the NYPD and the Bronx District Attorney’s office to ask if anyone else, other than Peets, has or had ever been arrested following the shooting. We have also requested more context around the circumstances under which the referenced bullet fragment was lost. We will update this story should we receive any feedback.

 

According to Black Star News, and The Innocence Project, anyone wishing to support Peets rebuild his life can contribute to his wish list here.