By COLlive reporter
A Brooklyn judge has vacated the decades-old murder conviction of a man imprisoned for the 1979 killing of Rabbi Dovid Okunov, declaring him “actually innocent” in a rare ruling that leaves the case unresolved more than four decades later.
In a 49-page decision, Judge Guy Mangano cleared Carl Miller, now 65, of all wrongdoing in the fatal shooting. “There is clear and convincing evidence that defendant is actually innocent,” the judge wrote, dismissing the indictment.
According to the New York Daily News, such a finding—establishing factual innocence rather than ordering a retrial—is exceptionally uncommon and reflects a high degree of judicial certainty.
Miller, who served 30 years in prison following his 1980 conviction, maintained his innocence throughout. “Now I don’t have to fight any more… I never wavered. I didn’t commit this crime,” he said after the ruling. His attorney, James Henning, called the decision “historically significant.”
Rabbi Okunov, aged 68, was murdered on October 25, 1979, while walking to morning davening near his home in Crown Heights. The attacker shot him at close range and fled with his blue velvet bag containing his tallis and tefillin. The killing shocked the neighborhood and drew thousands to his levayah.
Born in Ukraine in 1911, Rabbi Okunov came of age during a period of intense repression of Jewish life following the Russian Revolution. Despite the dangers, his parents arranged for him to study Torah privately, and as a teenager he insisted on continuing his learning in the underground Tomchei Tmimim yeshiva established by the Frierdiker Rebbe. When his parents initially refused due to the risks, he undertook a hunger strike until they relented.
He went on to become deeply involved in clandestine Torah education, teaching Jewish children under Soviet rule at great personal risk. In 1947, after Soviet authorities discovered his connection to the Lubavitcher Rebbe, he was forced to flee as the KGB pursued him. He later left the Soviet Union, eventually settling in the United States after a period in Eretz Yisroel, where he continued assisting Jews trapped behind the Iron Curtain.
Even in America, Rabbi Okunov remained actively involved in helping Soviet Jews, working on their behalf while building a new life in Crown Heights. His murder cut short a life defined by mesirus nefesh for Yiddishkeit.
During the shiva, the Rebbe instructed that a yeshiva be established in his memory. That institution, Yeshivat Ohel Dovid, was developed by the Friends of Refugees of Eastern Europe (F.R.E.E.) to serve children of Russian-speaking immigrant families.
The original case against Miller relied heavily on the testimony of a teenage witness who had initially been considered a suspect and gave inconsistent accounts. Other witnesses failed to identify Miller, and physical descriptions did not match him. Despite these discrepancies, he was convicted in 1980 during a period when investigative practices have since come under increased scrutiny.
Miller was released in 2019 and continued efforts to clear his name. The court noted that he consistently maintained his innocence, even during parole hearings where admitting guilt could have led to earlier release.
The Brooklyn District Attorney’s office said it is reviewing the decision and has not indicated whether it will appeal.
With Miller now formally exonerated, the murder of Rabbi Okunov—an activist who risked his life to preserve Jewish observance under Soviet oppression—remains unsolved.
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