Three years later, Rubin's lawyers filed for a petition, this petition was granted by the US District Court judge Mr. Haddon Lee Sarokin
Bello reinstated his testimony from 1967, identifying Carter and Artis as the shooters once again.
The defence pointed out the obvious differences between the descriptions given by Marins (Died 1973) to the appearances of Carter and Artis.
A new testimony from one of Rubin's associates stated that she was pressured into testifying against him by the Passaic County prosecutors. This was denied by the prosecutors… obviously.
Once again, Rubin and John were found guilty by the jury and their previous sentences were reinstated.
John Artis (pictured left) was awarded Parole in 1981, Carter on the other hand still had another life sentence to endure. A
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Carter and his friend John Artis were on the way home from a party on the other side of town when the police stopped them looking for two negroes in a white car, with geometric butterfly like lights and a blue license plate with gold lettering.
Carters vehicle, a Dodge Polara, matched the description of the lights and number plate; an out of state number plate synonymous with Carter.
Police apprehended Carter and Artis and brought them and their car to the scene of the crime. When searched, police found 32. caliber pistol rounds and 12 gauge shotgun cartridges in the car however, the rounds used were that of copper shell casing and Carters were brass, while the shotgun cartridges were dissimilar also.
Carter and Artis were taken to police headquarters and questioned. Witnesses identified them as not the killers, and they were released. Rubin and John voluntarily appeared before a grand jury, which did not return an indictment.
Jim Oliver
The bartender was shot in the back and died at the scene.
Bob Nauyoks
The customer was shot behind the ear and died