she knew what johnny looked like and johnny was not among them. >> it would now be up to judge eduardo padro that brought up conduct in a different era. i asked bill bratton about that as everyone awaited the judge's decision. >> given the climate, the city climate of fear and political pressure, was there pressure on detectives to cast a wide net in these high-profile crimes? >> i don't think so. certainly. enforce it. >> does he think police crossed that threshold with johnny hincapie. >> if the court exonerates him, would you have different views on the watkins case? >> i don't have enough intimacy as to his particular case. i don't have any reason to not be supportive of the police investigation. >> the day came for judge padro to announce the decision. hincapie's family and friends along with the media filed into learn his fate. hincapie was clearly anxious. >> on the record. >> as the judge began to read the decision. >> under the newly discovered evidence, the court does find that the defense has born the burden of proof. >> the judge threw out hincapie's conviction. in the decision t

for this proceeding, the burden kuby and his co-counsel to convince judge eduardo padro that hincapie's conviction should be vacated. >> who is your first witness? what is it you need to prove? >> luis montero was the first witness, and he was there to prove that he saw johnny at the time the crime took place and johnny wasn't there. >> how long did you know hincapie? >> maybe a year give or take. >> montero also testified he was on the subway headed to the dance club. >> in fact, they haven't seen each other or spoken since then. to understand montero's story, it's important to understand how the subway station is laid out. the platform level is where the trains come in and where the crime took place. platform is what's called the turnstile level. and then a final set of stairs gets you to the street. montero says hincapie was not on the platform when the crime happened, but one flight up on that turnstile level with him. >> what did you say to each other? >> he asked me for this other guy that came in, if i had seen him. >> montero testified about specific details that matched hincapi