It’s hard to imagine spending more than 20 years in prison for a crime you didn’t commit. The agony was even greater for Eric DeBerry, because the real perpetrator confessed just three years into Eric’s sentence but was disbelieved.

Eric’s ordeal started on 11 July 1999 when victim Kareem Collins was shot five times during an altercation in Smurf Village, Brooklyn.

Despite suffering horrific injuries, Collins recovered and, as the only witness to the crime, falsely identified Eric as his shooter. Eric was charged with the shooting, and Collins’s testimony was the only evidence presented against Eric at trial.

Eric says: “I couldn’t believe I’d been charged with a crime I didn’t commit, but I was always confident the truth would come out, because I knew I was innocent. I had no idea the nightmare that was to come.”

Despite consistently maintaining his innocence, Eric was convicted of shooting Collins and sentenced to 25 years to life for assault, robbery and criminal possession of a weapon.

Eric explains: “When I was convicted, I was in disbelief. I couldn’t understand how the system had failed so badly. I started to lose hope that I’d ever receive justice.”

Eric was given reason to find hope three years into his sentence when Roberto Velasquez came forward to confess to the crime.

Eric says: “When Velasquez came forward, I felt like I’d been given a second chance. For the first time in years I felt certain that justice would prevail in my case.”

Eric used Velasquez’s confession as the basis for a motion seeking to vacate his conviction. A hearing was held, and Velasquez testified.

Yet despite this new evidence, the judge denied Eric’s motion, because he didn’t find Velasquez credible. In particular, the judge noted that Velasquez’s story of the shooting differed markedly from the version given by Collins at trial, meaning one of the two men had to be lying. The judge chose to disbelieve Velasquez.

Eric says: “I was devastated. I felt like this was my one opportunity to prove my innocence, and I lost it. But, once I got over those feelings, I decided that I owed it to myself and my family to keep trying.”

Throughout his time in prison, Eric found strength in the support of friends and family and particularly his wife, Yvonne, who remained loyal to him and visited him regularly.

The couple’s daughter, Erica, was born three months before Eric left for prison, meaning Eric missed out on her childhood.

He says: “Being away from Erica and Yvonne was the hardest part of what happened to me. Watching my daughter grow up between each visit made me realize what I was missing out on. It was heart-breaking.”

Eric continued his sentence while desperately searching for someone to take up his case.

Then, in 2018, victim Kareem Collins finally admitted that he’d falsely identified Eric as his shooter. He also confirmed that the true story of the shooting matched the version delivered in Roberto Velasquez’s confession, not the version he himself had delivered from the witness stand.

Armed with this new evidence, Eric contacted White & Case Associate Sam Hershey.

Sam says: “I’d recently joined the Firm from Cleary Gottlieb, where I’d successfully represented Shawn Williams in his fight to vacate his wrongful murder conviction. Eric had heard about Mr. Williams’s acquittal, so he reached out to see if I’d take up his case.”

New York-based Sam knew it was highly unusual, if not unprecedented, for the Firm to take up a wrongful conviction case without it first being vetted by a third-party non-profit organization, such as the Legal Aid Society. Nonetheless, Sam approached Partner David Hille to see if the firm would make an exception.

“Eric’s case was so compelling and was such an obvious injustice, that David agreed with me that the Firm should take a chance and accept the representation,” Sam explains. “Having just arrived at White & Case, it was the first of many moments that made me realize I had joined a very special place.”

The team initially took the case to the Conviction Review Unit of the King’s County District Attorney’s Office, but six months later, frustrated by the opacity and lack of progress, they decided to file a motion in Brooklyn Criminal Court. The District Attorney’s Office opposed the motion.

“I thought the evidence of Eric’s innocence was overwhelming, but the District Attorney’s Office fought us every step of the way,” says Sam.

Ultimately, the same judge who had presided over Eric’s original trial and denied his prior motion based on Velasquez’s confession ordered an evidentiary hearing, which took place over two days in December 2019 and January 2020.

The White & Case team was led by David Hille. Sam took the direct testimony of Kareem Collins and gave the closing statement, Sean Sigilitto made a compelling opening statement, and Gina Chiappetta excelled in cross-examining the detective involved in Eric’s conviction.

Sam says: “I finished the hearing deeply proud of my team and the great work we’d done. Nonetheless, we all felt unsure whether the judge, who had repeatedly denied Eric’s prior motions to vacate his conviction, would rule in Eric’s favor.”

Things were further complicated when, following the hearing, the judge fell gravely ill with coronavirus. But thankfully he recovered and, in June 2020, entered an order granting Eric’s motion and vacating his conviction.

Even more remarkably, the judge found that Eric had proven by clear and convincing evidence that he was innocent of the crime – the first such finding in New York State since 2014.

The White & Case team called Eric in prison to tell him the good news as soon as they found out.

Eric says: “When I got that phone call, I was surrounded by prison guards and really didn’t want to cry in front of them, but I couldn’t help it and broke down. After more than 20 years, I had finally received justice.”

The rarity of the decision meant the prison had no clear procedure in place for Eric’s release. As a result, he was released with little warning and put alone on a train to Penn Station in New York City.

Sam and the team rushed to meet him, intercepting his train at Poughkeepsie before travelling with him into Penn Station, where he was reunited with Yvonne.

Sam explains: “When we met Eric on the train, he was overwhelmed with joy, particularly because, on Yvonne’s advice, we brought him food from McDonald’s. I’ve never seen anyone enjoy a meal so much in my life.

“It was an incredible day. All of us were emotional. Seeing Eric reunited with Yvonne, who had stood by him throughout all those years, was one of the most moving things I’ve ever seen.”

After more than 20 years in jail, Eric is back living with Yvonne and Erica at their home in Brooklyn. He says he is focused on rebuilding his life and making up for lost time.

“Every day feels like a blessing,” he comments. “People ask me if I have any big plans, but the truth is I don’t have any. I just want to enjoy each day with my family. Being able to do that is a blessing for which I have long hoped.”

Eric’s quest for justice is not over. The White & Case team has agreed to represent Eric pro bono in potential civil actions arising from his false arrest and more than 20 years of false imprisonment.

Sam says: “When Eric asked if we’d represent him in his civil actions, the entire team said yes immediately. We’re thrilled to be able to continue our work seeking justice for Eric.”

Eric says: “I can never express my gratitude to David, Sam, Gina and Sean. They fought for me and had faith in me. They have given me my life back.”