Judge Denies Motion To Toss 1980 Nyack Murder Conviction: DA

NYACK, NY — A man convicted in 1980 of murder for the slaying of seventeen-year-old Shirley Smith lost his latest bid to get his conviction overturned.

On Tuesday, Rockland County Court Judge Kevin F. Russo issued a decision rejecting Amer Zada’s request to have his conviction vacated.

Zada, who served decades in prison, has maintained his innocence.

This was the eighth time Zada sought to reverse or vacate his conviction, according to the Rockland County District Attorney’s office.

Smith was murdered in 1979, and her body was found in a Nyack parking lot, officials said.

Zada, now aged 63, was also convicted at trial of first-degree attempted sodomy and aggravated sexual abuse in the Smith case, according to prosecutors.

At trial, Zada had been represented by defense attorney William Kunstler, who passed away in 1995.

In this latest decision, Russo noted that Zada’s current motion was largely based on his claim that certain documents had not been turned over to him prior to trial.

Rockland County District Attorney Thomas E. Walsh II said of the decision, “The court found that Zada had failed to adequately establish this speculative claim as he provided no direct evidence that he had never received the documents.”

According to Walsh’s office, the court concluded the documents also had little importance to the case, and “none of them were exculpatory within the meaning of the law.”

“In addition, the court found that Zada's motion to vacate his conviction raised only minor inconsistencies in the case against him, most of which were thoroughly explored by Mr. Kunstler during the trial,” the district attorney’s office said, in an announcement. “In conclusion, the court found that Zada had not offered anything to justify vacating his conviction.”

Zada, who is listed on the state’s sex offender registry as living in Mooers Forks, New York, could not be reached for comment on the ruling.