After spending nearly 25 years in prison for a murder he did not commit, Jonathan Fleming (51) was ordered released this past Tuesday by a Judge in Brooklyn, New York. Fleming had been found guilty by a jury in 1989 for the shooting death of Darryl Rush in the early morning hours of August 15th, 1989. Throughout his trial, Fleming had maintained his innocence claiming he had been at Disney World at the time of the killing and asserted an alibi defense. He even told his lawyers at the time that he had a motel telephone receipt from the vacation spot which he believed was in his pocket at the time of his arrest which was never disclosed by the state at the time of his trial; that receipt was recently discovered during an investigation of the case conducted by the “Conviction Review Unit” used by the new D.A. in Brooklyn and through the work of defense lawyers. It was also discovered that the testimony of a female witness linking Fleming to the crime was fraudulent; the woman had recanted her testimony before the trial claiming she had been coerced into providing a statement to the police- however evidence discovered by the “unit” established that known details of the coercive activities were not disclosed to the defense. Based upon this uncovered evidence, and other details, Fleming is now a free man although he lost 25 years of his life over something he wasn’t to blame for.
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