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Brooklyn man freed after being wrongfully convicted of murder, spending nearly 20 years behind bars

Sheldon Thomas freed after judge vacates murder conviction
Sheldon Thomas freed after judge vacates murder conviction 02:14

NEW YORK -- A Brooklyn man who was wrongfully convicted and locked up for nearly 20 years is finally free.

Thursday afternoon, a judge vacated his murder conviction.

After a thorough investigation and 19 years in prison, 35-year-old Sheldon Thomas walked out with his grandmother to finally go home.

The District Attorney's Conviction Review Unit found that Thomas, arrested in 2004 for the killing of 14-year-old Andersen Bercy in East Flatbush, was wrongfully convicted.

Thomas told the judge and his family in the courtroom about his feelings towards those involved in his botched investigation and trial.

"I forgive them. Just like I've made mistakes in my life and people have forgiven me and people have shown mercy on me, I will do the same," he said.

He was arrested based on identification from a photo array that included a different man who was also named Sheldon Thomas, and the DA's office said investigators were aware of the mistake during court proceedings. The witness could not even identify him in a lineup.

"There is still a 14-year-old boy who lost his life in December of 2004, so no winners, but there were a lot of lessons that I think we learned from this case," Brooklyn District Attorney Eric Gonzalez said.

Watch Hannah Kliger's report

Brooklyn man who was wrongfully convicted freed after nearly 20 years 02:12

The DA's investigation says detectives intended to arrest Thomas using the wrong photo, and even when the problem was revealed in a pretrial hearing, the judge at the time found there was still probable cause to arrest him based on anonymous tips and the resemblance between the two men.

"I think it should be required reading for everyone so that this does not continue to happen unnecessarily," attorney William Kastin said.

The investigation concluded that Thomas was denied due process at every stage, which made his conviction unfair, and because the evidence was defective, the case cannot be retried.

In recent years, there have been many convictions overturned, giving people freedom, but then they face a whole new set of challenges.

CBS2's Dick Brennan first met Fernando Bermudez in a prison in 1997, proclaiming his innocence of murder. In 2009, a judge would agree and release him after 18 years, but prison has a way of staying with you.

"Make no mistake. I mean, I wouldn't want to wish this on anyone," Bermudez said. "I realized early on that I had post-traumatic stress disorder, and 13 years later, I still need mental health help."

Bermudez says Thomas and others like him will also need to be wary of people who want to take advantage of them.

"I've encountered people who actually even try to take advantage of an exoneree just because he's been to prison and they feel that he's not experienced, and therefore, we didn't know how to manage money," Bermudez said.

Bermudez has a family now, is an accomplished artist and is even writing a book.

As for Thomas, he will take freedom one step at a time. Right now, he says he just looks forward to his first hot meal outside of prison.

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