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2 may 2016

Man Wrongfully Convicted of Murder Awaits His Exoneration, 52 Years Later

Paul Gatling at his home in Virginia. He spent nine years in prison for a 1963 murder in which he was wrongly convicted. Credit Courtney Manion for The New York Times
A couple of years ago, Paul Gatling, a retired landscaper in Virginia, happened to see an article in a local newspaper about the Brooklyn district attorney’s efforts to identify wrongful convictions.
Mr. Gatling, then 79, had himself been wrongfully convicted in 1964 of murdering an artist in the Crown Heights neighborhood of Brooklyn. He spent nine years in prison for the crime until, with the help of the Legal Aid Society, his sentence was commuted by Nelson A. Rockefeller, New York’s governor at the time. Even with the reduction in his sentence and his eventual parole, Mr. Gatling remained, officially, a convicted murderer.
Intrigued by the possibility that he might finally be able to clear his name, Mr. Gatling called the lawyer who had handled his commutation and was, some 40 years later, still working for Legal Aid. The lawyer suggested that he write to the district attorney’s office to ask if its new Conviction Review Unit would re-examine his case. Mr. Gatling did, and his request began an inquiry that led investigators into a tale of legal malfeasance, one that is to culminate on Monday in Mr. Gatling’s formal exoneration.
“I wanted to be done with all of this,” Mr. Gatling, now 81, said in a telephone interview last week. “I was still angry about having to spend that time for something I didn’t do.”
Mr. Gatling’s exoneration will be the 20th time in the last two years that the Conviction Review Unit has helped to clear defendants found guilty in Brooklyn of crimes they did not commit. Charles J. Hynes began a similar effort as the district attorney in 2011, but when his successor, Ken Thompson took office in 2014, he renamed the unit and put his support squarely behind it. The review unit initially focused on cases connected to one detective, Louis Scarcella, whose alleged misconduct has called into question nearly 50 murder cases. But as news of the unit’s work has spread, its reach has widened to include cases like Mr. Gatling’s.
Mr. Gatling’s ordeal began on Oct. 15, 1963, when a man armed with a shotgun burst into the home of Lawrence Rothbort, an artist who lived on Bedford Avenue with his wife, Marlene, and their two children, a 6-year-old boy and an infant daughter. According to police reports and, later, testimony at trial, the man demanded money from Mr. Rothbort. When the artist refused, the gunman shot him in the chest.
During the investigation, suspicion first fell on Mr. Gatling when one of the Rothborts’ neighbors, a felon named Grady Reaves, informed the police that he had seen Mr. Gatling in the area just minutes after the shooting. When Mr. Gatling was interviewed by detectives in the 80th Precinct (which was later absorbed by another precinct), he told them that he had been paying his rent at the time — a fact that his landlord eventually confirmed. A few hours into the interview, Mr. Gatling’s lawyer called the station house, but the detectives told him that he could not see his client until the questioning was complete, court papers say.

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