Prime Suspect

Will New Evidence Give Marty Tankleff A Second Chance?

(CBS)  As the hearing begins, Marty's lawyers — who are working pro-bono — and his large extended family are thrilled to be back in court.

But that new evidence will not go unchallenged.

"This is not a game of stickball where you do a do-over," says assistant District Attorney Leonard Lato, who is fighting to uphold Marty's verdict. "There's a verdict, there's appeals, there have been federal habeas petitions. He's lost. They must come forward with clear evidence to show that that verdict is incorrect."

"Two people are brutally murdered. One person slept through the whole thing. That's bad for Marty Tankleff from the beginning," says Lato.

"You have an individual, Joe Creedon, a career criminal who told several people that he was involved in the Tankleff killings," says Moriarty.

"A lot of people bragged to killing President Kennedy. Doesn't mean that they did it," Lato argues.

Lato claims Joe Creedon took credit for the murders only to enhance his violent reputation. But wait until you hear what this woman says: Karlene Kovacs met Creedon at a party and says he sounded all too sincere when he told her about the crime.

She says she thought Creedon was telling the truth when he allegedly told her about the murders.

Kovacs, one of the first witnesses to testify, gave a sworn affidavit nine years ago. "I just feel like it was thrown in the garbage. And it was overlooked. And no one took me serious," she says.

Still, the witness everyone is waiting to hear is Glenn Harris. He is brought to court from jail, where he is serving time for a parole violation.

"He will be telling the truth today. Of what happened the night of the murders," Salpeter says.

But when Marty's star witness takes the stand, he does something no one expects: he refuses to testify on the grounds he might incriminate himself.

Assistant District Attorney Lato says that as Harris told and retold his story to several people, his story kept changing. "In my view, he isn't testifying because he doesn't want to get up on the stand, subject himself to cross examination, and be exposed as a liar," says Lato.

Salpeter believes that Harris is afraid that the district attorney — who refused to give him immunity — will charge him with the Tankleff murders.

"I think the district attorney is doing everything possible to muzzle Glenn Harris," says Salpeter. "If he doesn't believe Glenn Harris, you know what? Put him on the stand and prove that Glenn Harris is a liar."

Asked why he wouldn't give immunity to Harris and find out, Lato says, "Because you don't give immunity like you're giving away candy. If I gave Glenn Harris immunity in this case, every defense lawyer in Suffolk County would rightfully come in and say 'I want immunity before my person cooperates.' "

It's a terrible blow for Marty Tankleff and his family. But Marty's case isn't over yet: Joe Creedon's son has yet to take the stand.

[psycdr1]

I am a retired police detective and it is true, the Supreme Court says its alright for officer's to lie in order to get a confession, howevere, not to lie in court to get an convection. Sounds to me this guy was in a hurry, did not investigate the crime as he should have, and got the easy person to pick on for a confession. His supervisor is also at blame!

[rohill]

I have followed this case since the original trial. Back then I was convinced that Marty was innocent (not simply not guilty), and in the past few years as the truth has come out about the real events of that night, it has become even more apparent. I have heard the witnesses speak in the recent hearings, and I believe that they have given us the truth about who did what.

Someone asked about DNA. I believe that there actually is DNA available, but the judge has suppressed it and refuses to allow it to be tested because of a technicality. Others know the details better than I do on this.

As for the DA being "stupid," that is unfair. Before he was elected, he used to say that he believed Marty to be innocent. He was right then. But having been the defense attorney for Todd Steuerman AND for Detective McCready, both of whom were tried for serious offenses, he may be "partial" and unwilling to open up a case that would obviously lead to other guilty parties. It is easier to keep one innocent person in prison than it is to expose former defendants and call into question everything the police did back in those days.

I look forward to meeting Marty face to face, out of prison. God grant that that day come soon.

[marjibelle]

THIS IS ABSOLUTELY CRIMINAL(!!) ACTION ON THE BEHALF OF MCCREADY AND LATO!! THEY WERE AFRAID OF EXPOSING THEIR INCOMPETENCE AND STUPIDITY (NOW THAT HAS BEEN DONE FOR THEM) AND SO COVERED THEMSELVES BY RUINING A YOUNG MAN'S LIFE. MAY GOD GIVE THEM THEIR DUE!!!!!!!

[robinlitchfi]

I agree these "Public Servants" who work on taxpayers $$$ should be held accountable but since they are not they do whatever they want knowing there are no consequences. I have a brother who is wrongfully convicted as well and his son was murdered. He was run down by the son of the people he was living with? Coincidence? NO Murder! Public officials here turn a blind eye as the murderers father is the DJ for all of the local police functions for free. www.paullitchfield.com

[bamababydoll]

This case should be reopened, completely redone, with an unbiased team that was not and will not be associated with the arrogant turds that did the first investigation. Who hired that closed minded idiot who lead the primary investigation? He believes he can tell a liar better than scientifically PROVEN methods? I was seriously rolling my eyes at this story. I just feel so bad that this guy never had a chance to truly mourn his parents passing. I do say kudo's to his family for rallying their support. Prayers will be that you come out on top in the end.

[jewel681]

It is hard to believe that Mr McCready said, the Supreme Court says its alright for officer's to lie in order to get a convection. Please tell me I did not hear him say that, Last night 8/11/2007



Jewel681

[peanutz257]

Is there no DNA from the mother? She obivously fought her attacker. Just goes to show ... even our justice system can be bought.

[starleo146]

JUDGES, JUDGES, what are we to do with the imbeciles on the bench in this United States, look at the case in New Jersey the guy that is under arrest is an illegal he has been to that court they say 6 times and not once did this judge turn him into the Immigration dept. let alone try and deport him, I feel our justice system is KUPUT!!! Even the Wash.D.C. Justice dept if that is what you want to call it. Not the U.S.Attorneys the people running it. If they finally convict that guy in New Jersey and deport him how many want to make a bet he will be back in the USA pronto.

[wattermelann]

My gut feeling is Marty is innocent. McCready and Lato should be penalized for their stupidity. When people lack intelligence they are overflowing with deception. And that is how this system keeps its department at 94% with threats, manipulation and deception. The kid was living in the utmost comfort, he was going to get his inheritance when he was 25 like Prince William. Lato and McCready, are paying lip service to the affluent.Whether the convictions were based on truth or not, these people are not looking for truth, they are looking for that loophole that will enable them to get their conviction and their paycheck. Never allow any cop to interview you without a lawyer present. Effective interrogation takes an intelligent interrogator to get the truth and clearly McCready is extremely lacking in this skill. I mean these guys are so lacking in frontal lobe substance, their conscious allows them to sleep at night.

[karlab8]

I have never been so disgusted about a conviction as this one. This guy is clearly innocent. Was Lato watching the interview with the original detective. That moron should be in jail for a travesty of justice. It is obvious who killed his parents. The partner is living in luxury in Boca.I think the original jury must have been on drugs. This guy needs a new trial soon.

[jscribe58]

I agree with DeborahCox05, also from personal experience. Innocent until proven guilty is a myth. When you are chosen as a suspect, no matter what the reason or whim, without a lot of money, you're going to prison. Even this boy, with money, is the victim of blatant obstruction of justice. Even with the amount of people being proven innocent through DNA, the prosecutor's are complaining that they should stay in jail. This is outright showing how unbalanced our criminal justice system is. I think the only way this can correct itself is for us to hold prosecutor's like this one criminally responsible for their actions.

[rlacy38654]

My son's dad was part of a "false confession" and received 20 yrs because of it. He was told that if he went to trial that a jury would sentence him to death. He had a court appointed attorney that turned out to be his ex-wife's divorce attorney. No one told him that he could request another attorney. He has gotten a raw deal all the way around and no one will help him. Medical evidence didn't add up to prove he was guilty. He didn't get good advice.

[pookiepie6]

I have never before felt compelled to speak out for people that I%u2019ve never met and mean nothing to me. However, I%u2019ve never known of a situation in which an assistant District Attorney so blatantly disregarded his responsibility to seek the truth.

I do not know whether Marty Tankleff is innocent or guilty of murdering his parents. However, it is abundantly clear that Leonard Lato is actually hindering the process of discovering who should pay for the horrible murder of the Tankleff%u2019s, by not allowing a new trial.

%u2022 The police never investigated anyone other than Tankleff
%u2022 Too many people, with too little ulterior motive are speaking up on behalf of Tankleff and against Creedon
%u2022 It is absurd not to give immunity to Glenn Harris and hear what he has to say about the gloves and his involvement

Whoever is found guilty by a jury, who has all of the new information and witnesses, should pay for the crime.

[deborahcox05]

You know what you have to have for probably cause to arrest someone in the U.S.?

NOTHING!! The police do NOT have to investigate anything. That is the big joke about our system.

You know what an attorney told me once? Here you go:

If he and I had a meeting that morning and he had cut his face shaving, and for whatever reason he decided to give a sworn statement to the police that I had cut his face in an attack, the police would have probable cause to arrest me!

It is then my responsibility to prove beyond a shadow of a doubt that I was innocent!

You are not innocent until proven guilty! You are guilty until you can prove yourself innocent!

Our justice system is the "just-us" system and the cops are out of control!

They are not here to serve and protect. They are all about getting a conviction - RIGHT OR WRONG!

This is my PERSONAL EXPERIENCE!