Fight for the Truth | Full Episode

[Music] I had no idea where this case would lead this case will turn the District Attorney's Office upside down I never worked a case where I put so much heart and time into bringing a man home because of an injustice I'm J Sal Peter a Marty Tank's private investigator my name is Marty tankleff it was my first day of school so I expected to wake up in the morning and go to school and start my senior year when he woke up instead of going to school he found his father on the doorstep of death and his mother murdered they were bludgeoned and stabbed I just couldn't believe what I was seeing um I thought I was in a [Music] nightmare I saw him sitting in his office chair and he was covered in blood I knew he was alive because he was making breathing noises I called 911 from the phone right there all right hold on and I'll connect I'm connecting you with the ambulance Marty was a suspect because Marty was the only Survivor in the house and that's why the detective went right from Mi Marty Tanki was 17 years old at the time that he was arrested for murdering his parents in their home in beler Long Island how do you find as the defendant Martin tankleff as to count two murder second degree [Applause] yil there's no way I could have hurt my parents I love them I I knew immediately he couldn't do it the victim's family are Marty's family and they feel that Marty did not commit this crime Marty was railroaded he loved his mom he loved his dad I'm here because I believe Marty is innocent oh right James gandini became interested in Mar's case he saw a man that was in jail that shouldn't be in jail some of my Witnesses this is more than just a job this became an obsession to me when you see a case like this and you know something's wrong you have to have an obligation in life at the end of the day the people responsible for killing Seymour and alling tangub they will go to jail Marty is innocent Marty's coming home fight for the truth [Music] [Music] no one could imagine that I would end up being in this place because I I'm innocent Marty tankleff had just turned 17 when he was arrested for the murder of his parents Seymour and Arlene what's it like here difficult but I keep myself as busy as possible I spend hours working on my case every day it's a struggle he has spent his entire adult life in remote Upstate New York prisons it's a far cry from Marty tff's childhood spent in the lap of luxury in this sprawling Long Island Waterfront home it was a wonderful childhood I had more than the average kid Seymour and Arlene tankleff were unable to have children of their own so they adopted Marty as a baby he was just beautiful and Allie was just so thrilled how she wanted that baby what was your mom like great she adored me and I adored her and we were like best of friends he was also close to his father my father lived a very poor childhood and when I became a teenager he had money so he was living his childhood through me vicariously would you describe yourself as as spoiled yes you know I got basically everything I ever wanted Seymour a Savvy and tough entrepreneur was groomy Marty to follow in his footsteps I wanted to be a businessman so I enjoyed being involved in all of that Marty says he knew everything about his father's businesses including the trouble his dad was having with a partner in a bagel shop Jerry stewman who owed him around half a million doll the Friendship had dissipated they essentially became enemy business partners despite the tension between Seymour tankleff and Jerry stewman both men continued to play in a weekly poker game and on September 6 1988 it was Marty's father's turn to be host the game lasted into the we hours with stewman last to leave the next morning Marty says he woke to find his father near death he called 911 I just remember the woman screaming yelling listen to me saying calm down calm down I'm sending you an ambulance she gave me some instructions want you to take a clean towel wherever he's gushing blood from and did you do that I did that then he says he searched for his mother he found her dead bed on her bedroom floor how would you describe the scene when you got there it it was brutal it was very brutal James mccre the lead detective now retired arrived an hour later Seymour tankleff bludgeoned and stabbed but still alive had been rushed to the hospital Arlene's body still lay in her room it was an eerie feeling because it there always is an eerie feeling she was nearly decapitated and it appeared to me that she had struggled with whoever assaulted her mccre a homicide cop for 10 years saw no sign of forced entry and he was immediately bothered by Marty's appearance he was sitting as calm as calm can be with his hands clasp just like this what would you have expected him to be doing I think he would have been crying I think he would have been shaken been very upset what impression did you get from the way he was talking to you that he was trying to help me and he wanted my help as the conversation developed I could see that um he was just he's L he was lying I mean and how did you know that it's not so much the way what is said it's the way in which it's said Marty volunteered his suspicions that Jerry stewman his father's partner was somehow involved I knew that he was there I knew he had problems with my father and Marty agreed to talk more about that at Police Headquarters but in fact m pretty thought he already had his man why would Marty kill his parents why one of the simplest old things in the world greed 17-year-old Marty sat with mccre and his partner without a lawyer in a small windowless room 4 hours the detectives questioned him it was the constant barrage Marty we know you did it everything will be okay just tell us you did it we know you did it and it was like on and on and on questioning over and over then mccre did something that would change everything he left the room pretended to talk on the phone and came back with news about Seymour tankleff your father they pumped him full of adrenaline and he came out of his coma and he said that you did it Marty you lied to him yes I lied to him yes yeah and that's all right to do the United States Supreme Court says it is and what are you thinking that this can't be happening that this is not real Marty begged to take a polygraph the detectives refused so you're better at telling whether someone's lying I I think I'm better than a polygraph machine mccc's scheme worked Marty began to wonder if he bled out and in fact had attacked his parents finally he told the police what they wanted to hear it's like having an 18-wheeler driving on your chest and and you believing that the only way you can get that way to get off your chest is to tell the police whatever they want to hear even admitting to a murder yeah even admitt to a murder mccre began to prepare a written statement are these his words that did he write this no no it's my handwriting although Marty never signed it and almost immediately recanted the detectives had enough Marty was arrested and and charged with murder it was wrong it was wrong from the beginning private detective J Sal Peter began working on Marty's case 7 years ago you can't leave a case like this you become addicted to a case like this sou Peter's Addiction would eventually lead to startling new clues that would turn the case around is there a side of you afraid that you just may never get out of here no look the truth is out there [Music] do you think about your parents every day we think about all the good times that we had together from the moment Marty tankleff was arrested his cousin and guardian Ron falby never believed Marty murdered his parents he is guilty of way waking up in the morning alive and Ron's not the only family member in Marty's corner I'm Marty's Uncle carollyn felby Marty's cousin ever since the 1988 murders all of these relatives have been fighting to free Marty the strange part is there isn't anybody sitting here that ever got a question asked by the police they never talk to anybody in this room they say you never even tried to talk to them that's not true are you saying they ly yes lead detective James mccre did you ask to speak with them and they said no no I never directly asked to speak to them I didn't have to what were they going to add to my case but they say they had plenty to add for one thing they knew Marty does anyone here though think it was odd that he wasn't very emotional no no that was that's his way this is the way he is the whole family is here today and while police say Marty killed his parents to get money his family disagrees he didn't get any money he wasn't supposed to get any money till he was 25 years old so what was he supposed to do from 17 to 25 wouldn't you wait were you aware of that no I was not no I was not Jim isn't it important to talk to everybody before you settle on someone when you know their entire life could be ruined by this no under the circumstances in this case everything we needed to know we pretty much knew in the first day with a suspect Behind Bars detective mccre thought he had the whole case wrapped up in a day but a week later with Marty's father Seymour lingering in a coma the case took an unexpected turn Seymour's business partner the same Man Marty had told the police to investigate suddenly disappeared did you think he would become then a main suspect yes but as this police report shows Detective mccre still refused to consider Jerry stewman a suspect I'm reading from a missing person's report and it says homicide has no reason to believe that stewman's absence is connected with the murder why not because he had nothing to do with that murder didn't his disappearance make your case harder not that it made it harder it just it just added more questions 2 weeks later the detectives found Stan in Long Beach California he was living under an alias I mean didn't you say to Jerry you're you're messing up my case here something like I remember saying something to him to that effect yes stewman returned home claiming his personal and financial problems caused him to flee I had too many pro problems and it's just 20 years of building up that's all I staged my death is it possible Jerry hired someone nope he couldn't he that man couldn't hurt a fly one month after the tank Cliffs were attacked Seymour died without ever regaining Consciousness Marty was then charged with two murders and a year and a half later he went on trial I think every emotion ran through me scared um fearful um but I was also hopeful because I knew I was innoc and you know I always believe that innocent men don't get found guilty by far the most damaging evidence against Marty was his confession but there was little physical evidence to back it up none of Marty's hair nor blood was found on his parents his mother Arlene had clearly fought her attacker yet Marty had no Cuts or bruises only some swelling in his eyes from a nose job he got for his 17th birth birthday the jurors also heard from Jerry stewman who denied having anything to do with the crime I would never do anything like that he did admit he owed Seymour tankleff hundreds of thousands of dollars and part of all of his future Ventures as well you didn't have a right to set up that business and leave him out correct in his mind under intense questioning Marty tankle sitting over there stewman snapped the only mistake is AOW I was a poor man living like a millionaire father by contrast Marty tankleff was composed on the stand Marty did you kill your father absolutely not perhaps too composed as he tried to explain why he would confess to something he didn't do they were saying my father said I did this my father never lied to me after a week's deliberation the jury reached its verdict y the day he was convicted was his hard was the worst as the day I learned my sister was [Music] killed Marty was sentenced to 50 Years to Life 11 years later Jason sou Peter a retired New York City police detective stepped in how could you not be involved in a case like this and this kid didn't do it sou Peter believes Marty's alleged confession was coerced and he is not alone oh it's a confession it's a false confession Richard AI an expert in interrogation tactics is working on Marty's appeals you know that everyone listening to this is saying you couldn't make me confess to a crime I didn't commit certainly not a brutal murder like this one a bit happens all the time in Marty's case he says the teenager was tricked into doubting his own memory he knows he didn't do it but he's confronted with a police officer who's lying to him and skillfully lying all of a sudden there's a way of reconciling it and that is you had a blackout because of some psychological condition that you've got that impairs your memory false confessions do happen 25% of the people who've been exonerated with DNA evidence had confessed to crimes they did not do AI is convinced Marty's confession is false because it doesn't match the crime scene evidence for example Marty allegedly told police that he used a barbell and kitchen knife as murder weapons but not a trace of blood was found on them even when they were microscopically examined if he cleaned off the weapons why wasn't any blood found in the plumbing every confession does not have 100% of the truth in it because they don't give you the whole truth the forensics team found bloody glove prints at the scene but Marty never mentioned wearing gloves and those gloves were never found what happened to the gloves my I don't know and that doesn't concern you no you know you give me a kid like that I'll have him tap dancing that he killed his parents we could do it is it right no so Peter conducted his own investigation and with old-fashioned leg work tracked down this man a man who would unravel the entire case did you ever tell anybody no [Music] former detective James mccre refused to reconsider his initial conclusions even when the crime scene evidence raised doubts once you have that confession aren't you kind of in a aren't you caught because you can't bring anyone else to trial once you have that confession not taking a confession from an innocent man I would never do that but at the time of Marty's arrest mccr and his fellow detectives in suffi County New York had an astonishingly High confession rate 94% so high a state commission said it provoked skepticism mccre defends his work homicide Squad is sort of the crem deeme if you will but in Mar's case says private investigator J Sal Peter mccre was simply wrong the forensic work does not fit the story if Marty didn't kill his parents and who do you believed in I know so Peter says it was this man Glenn Harris who gave him the break in the case a career criminal serving time for burglary Harris said after 14 years of Silence he was ready to admit his involvement in the tank Liff murders I thought if I could do something right for somebody else I'd be helping myself Harris says that on a night in September 1988 he was the driver on the way to what he thought would be a home burglary who were you with that evening Joseph ceden and Peter Kent Joseph ceden known on the street as Joey guns and Peter Kent also have long criminal records [Applause] in a notorized affidavit Harris says he drove them to an upscale neighborhood and parked his car where cedon told me to stop when they returned to the car were you aware of what happened I knew something happened their demeanor their behavior it wasn't normal and what were your feelings do you remember something more than a burglary happen usually when you commit a burglary there's proceeds of something and that wasn't there and can you tell me what their demeanor was uh extremely nervous winded ceden anxiousness to get out of there Harris says he later watched Peter Kent burning his clothes and when he heard about the tankleff murders he put two and two together but kept quiet I had no right being up there I was just out on parole Glenn Harris took and passed a polygraph arranged by Marty's investigator Jay Sal Peter he's telling the truth in my opinion Glenn Harris is the hero here what's more Sal Peter says Joey gun's creedon is linked to the man who police dismissed as a possible suspect Jerry stowman has ties to Joseph ceden this is not a random hit Jerry stewman the bagel shop owner who was heavily in debt to Seymour tank Cliffe is connected to ceden through his son Todd stewman like cedon a convicted criminal sou Peter believes Jerry storman hired cedon the night the tfts were killed my scenario is that Seymour is sitting at the desk Jerry stewman is talking to him keeping seo's attention on Jerry at this point behind Seymour coming through the door Joe cedon Peter Kent and they took Seymour out and then they went for Mrs [Music] tank Jerry stewman now lives in an upscale community in boka Raton Florida he refuses to talk to 48 hours but both he and his son Todd deny they had anything to do with the tankleff murders still the new evidence provided by Glenn Harris is a major break for Marty tankleff he's been granted a hearing if the judge at this hearing determines that the New Evidence would have caused the old jury to vote a different way then Marty will get a new trial and a real shot at winning his freedom as the hearing begins Marty's lawyers who are working pro bono and his large extended family are thrilled to be back in court we are very hopeful we we believe in his innocence and we know that he'll be hopefully know out soon but that evidence will not go unchallenged this is not a game of stick ball where you do it do over assistant district attorney Leonard loo is fighting to uphold Marty's verdict there's a verdict there are appeals there have been Federal habus petitions he's lost lato says Glenn Harris is a liar he came forward initially but when I tried to interview him he said I don't want to talk in fact when Harris takes the stand he refuses to testify afraid he'll be charged with the murders and in my view he had isn't testifying because he doesn't want to get up on the stand and be exposed as a liar but when he was in prison Harris confessed to a Catholic priest with Harris's permission the priest tells the court the same story told 48 Hours he really wanted to do the right thing but he was a man who was terrified and there are more than a dozen other new Witnesses who back Harris's story carlen kobac met ceden at a party and she says he bragged about the murders you really believe when he said he was involved in the tankle of murders that he was telling the truth oh yeah definitely you're being accused of murder do you have anything to say prosecutor lato claims ceden took credit for the crime only to enhance his violent reputation but other Witnesses brought to court by tff's attorneys say Joey guns ceden try to involve them in the murder plot there's Joe Gren who says he and cedon made a failed attempt to Ambush a man he now believes was Seymour tankleff we had to go up to the bagel store to make it look like a robbery it wasn't there we missed him supposed to catch him coming out of the back and then here is this witness Bill Ram another associate of ceden he confirms Glenn Harris's story that The Killers started out at his house the night of the murders what were you doing that evening I was hanging out at my house um had a few people over Ram a convicted drug dealer recalls what ceden told him that night he said I'm working for somebody um who's got a partner in the bagel business that needs to be straightened out he said you know there's some money in it for me if we go there and just you know he's going to threaten the guy or rough him up Ram says that he turned creting down but Glenn Harris did not when I saw him the next day he was completely distraught what do you mean by distraught just shooken up couldn't hold the thought just scared to death I told him just listen keep your mouth shut what surprised you the most that you've heard from these Witnesses their honesty um that you know after all these years that they would come forward and admit their involvement in such brutal crimes when it's the state's turn to present Witnesses the hearing becomes almost surreal incredibly the star witness is Peter Kent Joe creedon's alleged accomplice when they bring me in you know they told me that we don't we don't believe that you did this you know I thought maybe like they were trying to play technology games with me you know yeah Peter we don't think that you really did it but just come on come forward you know Kent denies he had anything to do with the murders I know I was not there with Glenn doing no murders but even he says Joe cedon is capable of murder would it name like Joey gun just not these murders Joey was not to killer for these murders I know that cuz he was not with me that night and we didn't do this with Glenn it never happened were you in that house that night cedon who's been convicted of rape and gr Larsen Den ever killing anyone but on the stand he admits to a life of violence collecting money for drug dealers it's hard to to know that a person as evil as himself um can walk out of the courtroom free and they're putting handcuffs on my nephew to take him back to the holding cell do you believe these two career criminals who have admitted A A History of Violence right do you believe when they said say they had nothing to do with the tank offt murders I believe in terms of the evidence that there's no evidence connecting them to the crime at all no credible evidence but the hearing is not over after watching a 48 Hours report on the tank case a surprise witness comes forward Joe Cron's own [Music] son the Final witness for Marty tankleff and maybe the most surprising one is 17-year-old Joe gasio who comes to court to accuse his own father Joey gun creeden of murder you didn't see your dad a lot when you were growing up no ma'am in 2004 the young man finally got to spend time with a father he barely knew he says at first he was thrilled but later after seeing a 48 Hours report on the tankleff murders he had to ask his father the tough question dad you know tell me did you really do this he tells me yes I did do it for several months young Joe says he kept to himself what his father said when he finally told his mother she convinced him to testify and called private detective J Sal Peter but his sister da Leonard loo believes Joe gasio is just lashing out at his father the first question is did the judge believe it if he doesn't believe it it's nothing in fact lato doesn't believe that any of Tank's new witnesses can be trusted especially since so many of them have criminal histories the point is those things affect their credibility like the people who implicated cedon they all admitted one thing uh they all hated him that's a reason reason to say things about a person that isn't true the district attorney of suff county has an obligation to seek the truth the district attorney is doing everything here to suppress the truth from coming out you really believe that all my heart in March 2006 18 months after the hearing began finally a decision but it's a heartbreaking one for Marty tank Cliffe the judge dismisses the new witnesses as nefarious Scoundrels and refuses to Grant him a new trial which means Marty's conviction stands but he does have One Last Hope an Appel at court I will now proceed to call the calendar people versus tank cliff in October 2007 four appella Court judges hear the case in a courtroom packed with tankleff supporters the da con seeds everything you say front and center is one of Marty's biggest and best known backers James gandal how did that happen I met James uh about two years ago all and I started talking to him about Marty actor James gandini went to visit Marty in an Upstate prison he knew I was innocent he believed in me and he would do anything he can to help out have seats come to order Marty's lawyers argue that even though some witnesses have criminal records they could still be telling the truth prosecutors have to use these Witnesses all the time it's got to be the same for the defense there were people that you brought forward who have criminal histories a lot of them what gave them credibility as a group they didn't know each other they came from different walks of life different communities so how do you get 20 people to lie to come in and just make up a story that's consistent with each one and all name the same people this court stands in [Music] recess in December the court rules 19 years after Seymour and Arlene tankleff were killed 17 years after Marty tankleff went to prison he finally gets the news he has dreamed of all those years years the court overturns Marty's conviction unanimously and what did they tell you at that moment can I say it Bruce said pack your you're coming home that was his exact line the other side within days Marty is brought to suffet County one more time was there any side of you Marty a little scared of getting out you had spent your entire adult life in prison I was ready for everything all right we got our picture Marty look look Marty there you [Music] [Applause] go the following morning his family gathers at the courthouse congratulations Marty could be retried for murder but the court agrees to release him on a million Bond as executed by uh Carol and Mr faly did you have any hesitation to do that no not at all none whatsoever good luck to you sir thank you you're [Applause] welcome minutes later Marty walks [Music] [Applause] free there's live picture from choer 12 the event is carried live on Long Island television how it feel to be out we'll make a statement upstairs L room please L room I just couldn't believe I mean I was outside free man walking with my attorneys and being bombarded by everybody gentlemen we need a pet here clear pet Marty tank was coming back in now to go before the microphones we talk to the media along with his family and friends good morning [Applause] just mindboggling and I walked in there I don't remember what I said really I remember just seeing all the family crying and I just remember hugging everybody I wouldn't have wanted an any better way having all my family together welcome home it's great to see all of you here today my arresting conviction was a nightmare this is a dream come true still a little hard to believe yeah I mean I you know it just came so suddenly we lost the battle but today we won the war this is a man who gave me my life back it was his dedication that saved me we were scared to death 19 years ago but he's done a terrific job did you ever really think this day would come there's a side of me who finds it hard to believe however there was never a doubt in my mind that this day would come happy and you know here comes Marty here he comes but at that moment you're still facing trial at that moment yes but I wasn't even thinking about it because it was the first time I was essentially a free person wearing Street clothing Marty right here right here all right Marty is followed to his cousin's home how you feeling buddy how you do where there is a long anticipated celebration I I haven't had a real plate of food so I walked into my family's house that was filled with friends and family and it was a loving caring warm environment it felt like I hadn't left how was the food yeah I'm looking for another round but Marty tlo's case has caught the attention of top state officials and his fate is now in the hands of the governor today how do you feel buddy congratulations thank you very much thank you what are your thoughts tonight I just want to spend some quality time with my family after 17 years of isolation Marty tankleff suddenly is thrust into the spotlight wa Marty right here right here Budd thank you pal he's moved in with his cousin Ron falby at times it gets a little hairy and you you wake up in the morning and they're sitting there waiting for you you go to bed at night and they're still out there sitting there waiting for you and yeah it's like we we got a little feeling of what a rock star is you know it's not just the notoriety that's new for Marty shock was a technology you know sending uh you know an email across the world and getting a response back in three seconds no never knew that was possible the world changed while Marty was locked up what else anything else that surprised you how good it was to wake up in the morning be able to make my own cup of coffee walk out the back door watch the sunrise when was the lowest period in all of this every day in prison is a low period you wake up and the smells the sound sounds the noise that's the low period and you have to force yourself to get past that period to kind of get through the day that's the first Sunrise that I was able to take a picture of at age 36 Marty finally feels like a free man I was given my life back I mean literally in a 10-day period I went from a prison cell serving 50 years to life to being back with my family right kind of exciting and Mickey you want coffee his apparent seamless transition to the outside world surprises his family my wife and I have been watching him closely and and his manners are still there he still helps his aunts what else do you need oh thank you a little sugar a little milk yeah what was your concern um that he would Harden in there and that he would lose his spirit and it didn't happen I didn't live in the prison system I resided there what do you mean well my body was physically there my mind wasn't my soul wasn't but his legal ordeal is not over New York's Governor appoints a special prosecutor from the Attorney General's office to investigate and determine once and for all whether Marty should be retried for the murder of his parents we can collect materials and try to reach a determination of how long it will take us to be able to decide whether to proceed with the case it's yet one more frustrating delay but Marty wastes no time and enrolls in college at the same time he helps his lawyers prepare for a possible new trial and this is all the case files I mean essentially everyone is a different witness false confessions Cove interrogation come on 6 months after Marty tff's release the decision Marty returns to court today is a day it's not just about me it's about my mother's sisters my father's family he is prepared for battle 17 years in prison I fought for the day for a new trial All Rise Supreme Court of suffer County criminal term part five is now in session that all some evidence that Mr tankle committed the crime's charg the evidence is insufficient to conclude or to prove Beyond a reasonable doubt that he did so the people hereby move to dismiss indictments number 1535 over the Attorney General's office asked the court to drop all [Applause] charges now the 18 wheeler has finally driven off my chest I can kind of just get on with life now while the decision doesn't completely exonerate him it's the next best thing Marty is free and clear his record now clean they say there is some evidence against Marty we've known that for 20 years they brow beat a confession out of them of course there's some evidence against them do you feel anybody still looks at you and wonders um I haven't sensed that at all um I think anybody who knows the facts has no doubt that I they know I'm innocent what's more the special Prosecutor's investigation uncovers a stunning piece of evidence that points away from Marty's guilt and was overlooked for two decades there's a bloody imprint of a knife on Arlene tff's bed sheet and it matches no knife in the tankleff home it's showing that someone left the house with the murder weapon and it wasn't Marty Marty remains convinced that it was his father's former business partner and hired Thugs who killed his parents my family and I won't stop till you know they are prosecuted and they're in prison but the state says neither that bloody knife imprint nor any other forensic evidence links them to the murders and the state also finds many of the witnesses unreliable so for now no one is charged with a crime it's frustrating it it's frustrating that the system doesn't work but Marty is finally free to make something of his future he has set his sights High I'm majoring in sociology and then I'll go on to law school definitely definitely why I've been exposed to a system that just has so many problems and I want to change it I want to make [Music] [Applause] [Music] changes [Music]

Channel: 48 Hours

Views: 740,910

Keywords: 48 hours, cbs news, marty tankleff, murder, wrongful conviction, exonerated, erin moriarty, true crime, full episodes, double murder, martin tankleff

Id: GdPv0BvlT1I

Length: 43min 26sec (2606 seconds)

Published: Tue Dec 05 2023