The Innocents
(1964)
by Edward D. Radin
Excerpt on
John Valletutti
About 2 o'clock on the morning of October 11, 1945, one or
two gunmen (witnesses disagreed on the number) entered a tavern in the Coney
Island section of Brooklyn and attempted a holdup. One of the patrons was
Leo Conlon, a paratrooper who had been wounded in action in Germany and was
home on furlough. Conlon lunged at the gunman near him and was shot through
the heart.
Some three months later, on January 29, 1946, William Cronholm, eighteen,
was found asleep in a stolen car containing two revolvers. Three additional
guns were found in a garage he rented near his home in Brooklyn. Cronholm
confessed that he had shot Conlon. He first said that he had committed the
attempted robbery alone but later signed a confession saying that three men
had participated, one waiting in the automobile, while the other entered
with him. He said the other two men were recent acquaintances; he knew
nothing about the wheelman and knew only that the first name of his
companion in the tavern was Johnny.
At his trial he returned to his original story and said that only he had
participated in the crime, that he had made up his story of two other men to
stop the lengthy questioning. He was convicted and sentenced to life
imprisonment.
Detectives refused to believe his story that he had been alone; they also
doubted that he did not know the identity of Johnny. They investigated his
background thoroughly and learned that he knew a youth named John Valletutti
who had been a juvenile delinquent and had been sentenced for the theft of a
car. Valletutti was out on parole on the night of the murder. A month later
he had been returned to prison because he had stayed out later than the
midnight deadline.
When Valletutti was released from Coxsackie on December 7 he was met by two
detectives and brought back to Brooklyn for questioning on the Conlon
murder. Some thirty hours after he had been in police custody, an assistant
district attorney and a stenographer were summoned to take Valletutti's
confession.
This confession was the sole evidence introduced against him at his trial.
None of the patrons at the bar could identify him; no one placed him with
Cronholm that night, and no one placed him in the vicinity of the tavern.
Valletutti testified that he had been beaten steadily for hours by
detectives until he agreed to sign a false confession. He testified that at
the time of the murder he had been playing shuffleboard several miles from
the scene. His story was supported by the owner of the place and a group of
customers. Cronholm was brought down from prison and again testified that he
had committed the robbery alone and that Valletutti had not been with him.
When prisoners enter a jail in New York City they are given a thorough
physical examination by a staff doctor. This physician's report on
Valletutti was read into the record at the trial. The doctor had found many
contusions of the lower chest wall and numerous bruises on the scalp. A jury
convicted Valletutti of first-degree murder with a recommendation of mercy,
which usually means life imprisonment. On sentencing day the judge
disregarded the jury's recommendation, denounced Valletutti as a vicious
killer – Cronholm had admitted he did the shooting – and sentenced
Valletutti to die in the electric chair. Cronholm previously had received a
life sentence.
All death sentences in New York receive a mandatory review by the Court of
Appeals. In a majority opinion this court reversed the conviction and
ordered a new trial. In the opinion Justice Desmond pointed out that
although police had denied any brutality, the district attorney had not
summoned the prison doctor as a prosecution witness, and remarked, "It
plainly appears that the defendant did somehow sustain substantial physical
injuries while in close custody of public officials." The court further
pointed out that despite the criminal code Valletutti had not been arraigned
in court until some forty-eight hours after he had been taken into custody
and that he had been held incommunicado during his questioning without being
allowed to communicate with friends, relatives, or a lawyer. "Unless the
confession was shown to have been, beyond doubt, a voluntary and reliable
one, the conviction must fall."
Valletutti was returned to Brooklyn for a new trial. At a hearing held
before the same judge who had sentenced him, the prosecution admitted that
it had no evidence against Valletutti except his confession and agreed to
dismiss the indictment. The judge reserved decision, stating that he wanted
to study the case further. On September 28, 1948, he granted a motion to
dismiss the indictment.