Brother's murder confession frees sibling after 12 years

Jet, Oct 7, 2002

After serving more than a decade in prison for a 1988 murder he says he didn't commit, a Brooklyn man was recently freed after his brother confessed to the killing.

A judge vacated the murder conviction of Lamont Branch after he pleaded guilty to a less serious charge of gun possession at the urging of his defense attorneys. The judge then sentenced Branch to four to 12 years in prison, but gave him credit for time served and immediately released him.

Prosecutors told the judge they still believe Lamont Branch played a role in the killing, but said he had served enough time to permit a plea deal.

Related Results

Lamont Branch, 38, who had harsh words for the legal system, said he had wanted to return to prison rather than accept partial blame for the shooting his brother, Lorenzo, confessed to in March. But he added, "I have my kids to think about. It's a crime what they did, and they're getting away with it.... But that's the system."

In 1990, Branch was convicted of killing Danny Josephs, who was shot in the head during an argument over drugs in a drug-infested Brooklyn housing project. He was sentenced to life in prison. Lamont Branch has insisted that his brother was the killer.

Earlier this year, Lorenzo Branch wept as he testified that he accidentally shot Josephs during a hand-to-and struggle. He said there were no witnesses. "I can't live with a lie," he told the judge. "It's killing me."

The hearing was the first time Lorenzo Branch, 41, confessed under oath. He had confessed to his brother and made a videotaped statement for his brother's attorney, but he invoked his right against self-incrimination at a 1997 hearing.

After Lorenzo Branch confessed in court, two crack addicts who had testified for the prosecution recanted their testimony, saying they were never at the murder scene. They claimed they made up a story because they knew police were paying for information.

Prosecutors said they have not decided whether to bring charges against Branch's brother.