we put spanky on tv.show, and said they were absolutely certain that spanky was the gunman. and that's what they testified to at the hearing. - there was a mistake of identification to where the guy that had the altercation with me was spanky. it was neither one of these guys. i've never seen neither one of these guys in my life. - meanwhile, lemus and hidalgo are in hell. they're living in rikers island, going back and forth to court for these hearings over the course of nine months or so. ♪ ♪♪ - regarding the defendant, olmedo hidalgo only, the court accepts the people's recommendation. the charges are dismissed against mr. hidalgo. [applause] - no one could believe what just happened. after years and years of fighting, prosecutors walk into the courtroom and say, ok, we agree to vacate hidalgo's conviction. but lemus, they said he was still the shooter. - two months after hidalgo's release, judge hayes was finally prepared to make a ruling in david lemus's case. ♪ ♪♪ - he's coming this way. ♪ ♪♪ - [sob

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