When Kenneth Windley stepped out of a Brooklyn courthouse and into the open air, he carried no suitcase, only the weight of 19 lost years
Windley, now 61, had been imprisoned since 2007 for a robbery that netted roughly 550 dollars. Prosecutors now say he did not commit the crime. His conviction was vacated after a review by the Brooklyn District Attorney’s Conviction Review Unit uncovered evidence that two other men were responsible
“It cost me 20 years, but they said they corrected it now. So that’s all that matters. So I’m good with that,” Windley told reporters as he left court, flanked by his mother, Francina Windley Patterson, and his fiancée, Donna Carter
The case began in 2005, when 70-year-old Gerald Ross was followed into his Brooklyn apartment building, choked in an elevator and robbed of 485 dollars in cash and two blank money orders. One of those money orders, for about 542 dollars, was later used by Windley to buy a stove for his mother
That purchase, made in his own name and with his driver’s license and address, led police straight to him. Ross later picked Windley out of a photo array and a live lineup held weeks after the attack. Windley insisted he had simply bought the money order at a discount from acquaintances who told him it was legitimate
At trial, jurors heard Ross’s identification and saw the paper trail. They did not hear what prosecutors now acknowledge would likely have changed everything: the identities and robbery histories of two men who later admitted they were the real assailants
According to the district attorney’s review, those men, already serving time for a string of similar robberies targeting older men followed from banks and check-cashing offices, gave sworn statements and interviews saying they robbed Ross together and that Windley was not involved. The report described their admissions as compelling
Brooklyn District Attorney Eric Gonzalez called the case a cautionary tale about the dangers of relying on seemingly straightforward evidence without deeper scrutiny. He said he apologized privately to Windley and acknowledged that, had all the information been known, the case should never have gone forward
With the statute of limitations expired and Ross deceased, no new charges will be filed. Windley, heading off to celebrate with his family, said he does not intend to live in anger
“I’m just going to move on from there,” he said