By David Adams
MIAMI, Dec 20 (Reuters) - Lawyers for a British man serving
two life sentences in Florida for a 1986 double homicide filed
an appeal on Thursday seeking to have the conviction overturned
based on an affidavit alleging that Miami police officers framed
an innocent man.
Krishna Maharaj, 73, was convicted in 1987 for the murder of
Derrick and Duane Moo Young, a Jamaican-American father and son
who were shot dead, one of them execution-style, in October 1986
in a downtown Miami hotel suite.
The 90-page appeal purports to cite new evidence including a
sworn affidavit from an unnamed witness "who has come forward
after many years" alleging that Maharaj was framed by police
officers. Maharaj's legal team said it was withholding the
identity and other information about the witness out of concern
for the safety of the source.
"We have developed very solid proof that Colombian drug
dealers were behind these murders and Kris was framed by Miami
police," said Maharaj's pro-bono attorney, Clive Stafford Smith,
an Anglo-American lawyer, who heads a London-based human rights
group, Reprieve, that fights for prisoner rights.
The appeal did not provide any evidence for how and why the
Miami police executed the alleged scheme to frame Maharaj. It
also did not provide the basis for the concerns about the safety
of the witness.
The Miami Police Department had not seen a copy of the
appeal and would not comment until its legal office had a chance
to study it, said spokeswoman Kenia Reyes.
Stafford Smith, 53, recently published a book about the case
titled 'The Injustice System,' describing an 18-year personal
crusade to free Maharaj, a wealthy businessman before his arrest
who made a fortune in the food importing business in Britain and
owned a string of racehorses and Rolls Royces.
The book carries an endorsement by best-selling crime writer
John Grisham who called the Maharaj case a "spectacular example
of a bogus conviction."
Miami police and the state prosecutor's office have
vehemently defended their actions in the case for years.
In a statement to Reuters last month before the latest
appeal was filed, the Miami-Dade county prosecutor's office said
it stands by the handling of the Maharaj case.
"The Florida Supreme Court twice thoroughly addressed this
case and found the evidence of Maharaj's guilt to be
'overwhelming and substantial,'" the statement added.
Despite the new testimony, the defense faces an uphill
battle to re-open the case. Overturning a jury's verdict,
especially after so many years, requires an exceptionally high
standard of evidence under Florida law, experts say.
Maharaj and the Moo Youngs were former business partners and
neighbors, both with roots in the Caribbean. Maharaj hails from
an elite Trinidadian-Indian family while the Moo Young family is
from Jamaica, of Chinese descent.
The two families fell out after Maharaj accused Derrick Moo
Young of defrauding him of $400,000. Prosecutors cited that at
trial as the motive for the murders.
Maharaj's finger prints were found in the room where the
murders took place. He said he had been lured there in order to
frame him, and left the room before the Moo Youngs arrived.
Alibi witnesses said Maharaj was having lunch with
businesses associates 25 miles away at the time of the murders,
though one changed his story at trial and said the alibis had
been concocted.
Maharaj spent a decade on death row before his sentence was
commuted to life in 1997.
In the latest appeal, the defense alleges that a deceased
former Miami police officer named Peter Romero, who retired from
the force in June, revealed at the time to the unidentified
witness that Maharaj was framed by fellow Miami police officers.
A 30-year veteran, Romero committed suicide in August,
shortly after retiring.
In the affidavit, the witness stated that he decided to come
forward after 26 years because he felt a moral duty to help free
an innocent man, said Stafford Smith.
Based on conversations with the unidentified witness and
other evidence, Stafford Smith is convinced that the Moo Youngs
were deeply involved in money laundering and that they were
murdered by a cartel hitman.
"There was a great deal of corruption in Miami at the time,
and the police were complicit with the drug cartels - they would
help cover up crimes, even homicides, that the drug dealers
committed," Stafford Smith stated.
The defense "is unable to elaborate on this information,"
the appeal states, requesting that it be allowed to discuss the
reasons privately with a judge 'in camera.'
"This will be fleshed out at an evidentiary hearing where
the full extent of police corruption will be presented," the
appeal states.
The state prosecutor's office had not seen a copy of the
appeal yet so was unable to comment, a spokesman said before the
appeal was filed.
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