Mark Young has been serving a life sentence for what prosecutors say was his role as a coconspirator in a 1974 bar robbery that ended in the shooting death of patron Walter “Wally” Palmero.
The 67-year-old Young, who maintained his innocence for almost 50 years, is now slated to be released from prison after a negotiated guilty plea.
Judge Shanese I. Johnson on Monday vacated Young’s previous conviction and sentence. Youngthen entered a negotiated guilty plea to third-degree murder, first-degree robbery, and conspiracy, which counted his time served, avoided a possible third trial — and will now lead to a release from prison this week.
“We’re thankful the district attorney recognized the inequities in Mr. Young’s case and thankful for the compassion and justice they decided was appropriate,” Michael Diamondstein, Young’s attorney, said after the hearing.
According to prosecutors, two armed men entered Place Bar, which news reports described as being in West Oak Lane, on Sept. 7, 1974. They shot Palmero and stole $185 and a bottle of liquor. Authorities contended Young was present, but that he didn’t shoot Palmero.
Young’s case was fraught from the start. The jury in his first trial failed to reach a verdict. In his second trial in 1975, Young was convicted of second-degree murder, robbery, and criminal conspiracy.
But in recent years, Diamondstein has pushed back in filings for post-conviction relief on two key pieces of evidence used for that trial.
The first was a hair-testing method once considered the “gold standard” in forensics. In 2015, the FBI cast doubt on decades of microscopic hair testing performed by comparing hair samples visually. Instead, the FBI said, newer, more accurate DNA testing was preferred.
DNA testing, however, wasn’t available in the 1970s. Had it been, according to Diamondstein, evidence would show that his client wasn’t present at the Place Bar that evening.
The conviction was also aided by a witness who identified Young, but Diamondstein alleges that process was skewed in favor of the prosecution; when a bar employee was shown six images of potential suspects, Diamondstein said, four of them were photos of Young.
“By disproving the results of the microscopic hair evidence, the only evidence the prosecution would have placing him at the scene of the crime is one eyewitness who was shown a skewed photo lineup,” Diamondstein wrote in a court filing.
Diamondstein also argued police used aggressive tactics to force a confession from his client, who was participating in U.S. Army basic training at the time of the robbery.
Young learned in 2018 that the hair-testing method used to convict him could support his quest for exoneration. With the help of Diamondstein, Young filed for a post-conviction relief hearing with the Philadelphia District Attorney’s office in 2021.
Based on Young’s case file, it doesn’t appear that the hair was a material part of the first two trials, and there’s no material to be tested for DNA in the case, a spokesperson for the district attorney’s office said.
Speaking from SCI Huntingdon to the court, Young said he was deeply affected by the Palmero family’s loss, but he also lamented losing 50 years of his life.
Despite having escaped prison and eluding authorities for five years before he was caught, Young has been free of misconduct for decades, Diamondstein noted. He said his client took college classes while incarcerated, and is one credit short of earning his associate’s degree.
Palermo’s niece, Elizabeth, sat in the courtroom Monday, while his other relatives were patched in by phone or had statements read on their behalf. In a statement, Palermo’s brother Mark wrote that he believed Young should remain in prison for the rest of his life.
Others said the family was never the same. Palermo’s death became how the family marked time, according to relatives.
“The right people have been prosecuted,” wrote Palmero’s sister, Denise McNamara. Her daughter read the statement in court amid stifled sobs.
Young’s codefendant was convicted and remains incarcerated, according to the district attorney’s office.
Several of Young’s relatives also attended the hearing, letting out a sigh of relief once it ended.
“He’s coming home,” said a relative to Diamondstein before heading off to prepare for Young’s return.
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