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Joseph Pope has spent nearly four decades for the killing of Efrain DeJesus in Uphams Corner during a robbery. Though, he never pulled the trigger. Pope was convicted under state law at the time that said everyone involved in a crime that leads to murder is just as guilty of the killing, news reports said. Pope was upstairs at DeJesus' home when the killing happened.
The Supreme Court vacated his conviction this summer after justices said police held back information and witnesses that could have aided in Pope's defense, a court filing said.
Suffolk County District Attorney Kevin Hayden said in a court filing that those detectives are dead and can't explain their actions and much of the evidence used to convict Pope is lost. Hayden filed a nolle prosequi brief on Monday saying he wouldn't proceed with a retrial.
“We had a responsibility in this case to look at all available information and evidence with full consideration of all parties involved, including the victim’s family, the trial witnesses, and Mr. Pope. Having done so it is clear to us that moving forward with a new trial is not in the best interest of justice,” Hayden said in a news release.
Pope is 70, and he's spent 37 of those behind bars. He told The Boston Globe after the Supreme Court threw out his conviction that he hoped to be free one day to help keep young people from prison.
"For the period of time that I am out, I'm going to try to do some good," he said. "I want to make a contribution to my community in hopes of turning the young away from the road that leads to prison."
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