Johnny Hincapie is serving a life sentence for the 1990 murder of Brian Watkins, a young tourist from Utah visiting New York with his family to attend the US Open Tennis Tournament. Lawyers for Hincapie, who has already served 23 years in prison, have filed a motion to vacate his conviction based on newly discovered evidence and actual innocence.
The only evidence supporting his conviction at the time was a “false confession,” obtained through physical force and coercion, and a line-up identification in which an eyewitness stated Johnny looked “vaguely familiar.” Along with Johnny, seven others were charged with crimes for their roles in the mugging. A witness for Johnny, Louis Montero was wrongfully held in prison for 18 months, and won a settlement from the city for his wrongful arrest. Montero has provided sworn statements that Johnnie was in sight of him the entire time the attack took place and cold not have been involved. Johnny was 18 at the time of the mugging, and had no prior arrests. He is now 41 years old. Johnny’s lawyers have filed a motion to vacate his conviction pursuant to C.P.L section 440.10, based on newly discovered evidence and actual innocence.