Queens Supreme Court Justice Michael Aloise rejected a defense motion to vacate the conviction of Chanel Lewis in the brutal murder of Howard Beach jogger Karina Vetrano in Spring Creek Park in 2016.
Civil rights attorney Ronald Kuby maintained his client’s murder conviction should be overturned because the Queens District Attorney’s Office relied on DNA evidence that violated the Brooklyn man’s constitutional rights. Kuby called it a “racial dragnet” after NYPD investigators relied on testing from Parabon Nanolabs, which at the time was an unlicensed vendor, according to a 65-page court filing in 2023.
In his 20-page decision delivered on Thursday, Feb. 19, Justice Aloise wrote that he disagreed with the racial dragnet premise based on the investigation timeline.
“His claims are all based on his argument that the police apprehended him after conducting a ‘racial dragnet’ that was implemented after ‘DNA phenotyping’ was done by Parabon Nanolabs,” Aloise wrote. “According to the defendant, this phenotyping led Parabon to conclude that the perpetrator in this case was of ‘African’ descent. The defendant contends that the police lied about the existence of this ‘racial dragnet,’ which they contend, was either the reason, or at least a reason, why the police went to the defendant’s home to collect a DNA sample from him.”
Lewis was convicted of killing Vetrano as she jogged through Spring Creek Park just blocks from her 84th Street home on Aug. 2, 2016. The jury found Lewis guilty of beating, choking, and sexually assaulting his 30-year-old victim to death nearly five months after a mistrial was declared in his first trial after the jury was deadlocked just before Thanksgiving, 2018.
Citing evidence presented during the retrial, Justice Aloise pointed to the testimony of NYPD Detective Lieutenant John Russo that he had seen Lewis in Howard Beach months before Vetrano was murdered.
“The evidence also clearly established that the police called the defendant;s mother, let her know that they wanted to speak to her adult son about this case, went to the defendant’s house, was greeted and let in by the defendant’s mother, and then the police asked for and obtained verbal and written consent from the defendant to take a sample of his DNA,” Aloise wrote, adding that the police were not obligated to tell Lewis and his mother about the existence of the Parabon phenotyping report when they asked for and obtained his consent.
“The evidence of Channel Lewis’ guilt was proven beyond a reasonable doubt at trial, and as such, the court dismissed the motion to vacate the judgement,” Queens District Attorney Melinda Katz said. “Among all the other evidence presented at trial, the DNA evidence was credited by the jury and showed the presence of the defendant’s DNA on the victim’s neck and cell phone. The profile is so rare that it is expected to be found in 1 in 6.8 trillion people. We continue to be prepared to litigate any challenges re;ated to this conviction.”
Kuby told QNS Friday that he would appeal the decision by Justice Aloise to the Appellate Division.
“It was not a surprise given the hostility this judge has shown to the defendant generally, and his unwillingness to make any inquiry into the racial dragnet,” Kuby said. “It is true that our motion did not have any sworn statements of fact because he denied a hearing originally and he denies a hearing now. And the Queens DA’s Office is arguably even worse.”
He said prosecutors insisted the claim of a racial dragnet was purely speculative.
“All they would have had to do years ago was submit a simple affidavit from a responsible person in the DA’s office saying these things did not take place,” Kuby said. “And the judge has shown, while attacking us for speculating about this, he has shown a shocking lack of curiosity. Never has he simply turned to the DA’s office and said I want an affidavit as to whether this is true or not.”
Kuby added that the DA’s office refused to supply discovery which would have revealed the racial dragnet and that one of their trial decisions would “come back to haunt them” on direct appeal. For now, Lewis will continue to serve out his life sentence without parole.
Council Member Joann Ariola, who represents Howard Beach, was pleased that the motion to vacate the conviction was denied.
“The evidence has been compelling from the start and made it absolutely clear that Chanel Lewis was responsible for the horrific murder of Karina Vetrano,” Ariola said. “I applaud the decision made, and I am glad to see that justice was preserved.”
