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New Yorker declared innocent after doing 25 years for murder

10 april 2014, 12:15
0
Jonathan Fleming. Photo courtesy  of nypost.com
Jonathan Fleming. Photo courtesy of nypost.com

A New York man savored his first full day of freedom on Wednesday after spending 25 years in prison for a murder he did not commit, AFP reports.

Jonathan Fleming, 51, was found guilty on August 15, 1989 of shooting dead rival drug trafficker Darryl Rush in Brooklyn.

He maintained he was with family in Orlando, Florida at the time of the murder but prosecutors produced a list of 53 flights he could have caught in time to kill Rush in New York.

Fleming was found guilty and sentenced to 25 years to life.

But Brooklyn District Attorney Kenneth Thompson on Tuesday threw out the conviction after re-opening the case.

"Based on key alibi facts that place Fleming in Florida at the time of the murder, I have decided to dismiss all charges against him in the interest of justice," he said.

Thompson, who was elected last November, campaigned to clean up the district attorney's office.

Fleming had a Florida hotel receipt dated August 14, 1989 and time stamped at 9:27 pm, four hours before Rush was shot and killed in Brooklyn.

"At trial, Fleming asserted an alibi defense, and that receipt would have corroborated his defense," said Thompson.

Fleming's sentence is one of dozens in Brooklyn that will be re-examined by a special unit headed by Harvard law professor Ronald Sullivan and working with three independent lawyers.

The unit interviewed a former girlfriend of Fleming, who said he telephoned her on the night of August 15, 1989 in Florida, information corroborated by telephone records, Thompson said.

Other witnesses who claimed to have seen Fleming shoot Rush have either recanted their testimony, or were found to be not credible, Thompson added.

Several of the cases being reviewed were investigated by retired police detective Louis Scarcella, suspected of using illegal methods to frame suspects.


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