Dec 27, 2007 7:56 am US/Eastern
Tankleff Expected To Taste Freedom Thursday
Lawyer Questions Whether Prosecutor Should Pursue Retrial
Reporting
Lou Young
RIVERHEAD (CBS) ―
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Martin Tankleff was convicted in 1990 of killing his parents in their Belle Terre, Long Island home.
CBS
Martin Tankleff could soon be a free man for the first time in nearly two decades. Tankleff spent the night in a Riverhead jail and barring some unforeseen twist is expected to be freed Thursday morning following a short hearing.
Tankleff spent the last 17 years in prison, but an appeals court recently overturned his conviction for the 1988 murder of his parents.
CBS 2 HD learned of a bail agreement late Wednesday night.
Autumn Tankleff tried to keep her mind on her work Wednesday, but she couldn't stop thinking about Marty, the man behind the headlines who has spent years behind bars for a heinous crime he may not have committed.
"We'll all take turns hugging and kissing him and we'll all go around again, and again and again," Autumn Tankleff said. "It's just unbelievable!"
Autumn Tankleff lost her aunt and uncle in 1988, the day they were murdered in their Belle Terre home -- the day the police settled on son Marty as their only suspect. He was convicted on the strength of a confession he never signed and says he was forced to make.
"It's like having an 18 wheeler on your chest and the only way to get that weight off your chest is to tell police whatever they want to hear," Martin Tankleff said.
To get out him of prison his defense team built a new case against three other men, including father Seymour's former business partner.
Marty's relatives are ecstatic.
"You know I'm Jewish and Hanukkah's over but I think I'm celebrating Christmas this year and this is the best Christmas present, Hanukkah present, seasons present," cousin Howard Asne said.
It should happen fairly quickly Thursday in Riverhead: a brief hearing and then a walk to freedom. The big unresolved question, will there be another murder trial?
Many experts are saying no. Even Martin Tankleff's lawyer has to admit the Suffolk District Attorney is in a tough spot with this case.
"If they re-try Martin Tankleff they're going to be confronted by this overwhelming evidence of his innocence, and if they try to prosecute the individuals that we believe committed the crime there is going to be Marty Tankleff's statement and his conviction," Bruce Barket said. "I don't envy their legal position right now."
Wednesday night Martin Tankleff waits one more night behind bars.
The Suffolk DA and Tankleff's defense team have agreed on what they're describing as a "substantial" bail amount for his release Thursday.
CBS 2 HD's Dave Carlin and Liz Hur contributed to this report.
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