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davidn3600

(6,342 posts)
Wed Apr 9, 2014, 09:28 AM Apr 2014

Man released from prison after 25 years for murder he didnt commit

NEW YORK (AP) — From the day of his 1989 arrest in a deadly New York City shooting, Jonathan Fleming said he had been more than 1,000 miles away, on a vacation at Disney World. Despite having documents to back him up, he was convicted of murder.

Prosecutors now agree with him, and Fleming left a Brooklyn court as a free man Tuesday after spending nearly a quarter-century behind bars.

Fleming, now 51, tearfully hugged his lawyers as relatives cheered, "Thank you, God!" after a judge dismissed the case. A key witness had recanted, newly found witnesses implicated someone else and prosecutors' review of authorities' files turned up documents supporting Fleming's alibi.

---

Fleming had plane tickets, videos and postcards from his trip, said his lawyers, Anthony Mayol and Taylor Koss. But prosecutors at the time suggested he could have made a quick round-trip plane jaunt to be in New York, and a woman testified that she had seen him shoot Rush. He was sentenced to 25 years to life in prison and was due to have his first parole hearing soon.

The witness recanted her testimony soon after Fleming's 1990 conviction, saying she had lied so police would cut her loose for an unrelated arrest, but Fleming lost his appeals.


http://news.yahoo.com/man-cleared-nyc-murder-25-years-prison-182841043.html


What a travesty. This is what happens when prosecutors do whatever it takes to win cases in order to up their conviction rate. It's never about the truth anymore.

How the fuck can anyone support the death penalty when you know cases like this exist?
22 replies = new reply since forum marked as read
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Man released from prison after 25 years for murder he didnt commit (Original Post) davidn3600 Apr 2014 OP
The fact that he had a solid gold alibi in the form of a receipt in his pocket ScreamingMeemie Apr 2014 #1
I think he was convicted for LWB derby378 Apr 2014 #6
Pretty sure you are right. ScreamingMeemie Apr 2014 #8
+1,000 malaise Apr 2014 #2
I knew this before I clicked the link... Jeff In Milwaukee Apr 2014 #3
One of my most stunning realizations of the past 10 years is how many such convictions have occurred Lasher Apr 2014 #4
So happy he is free Marrah_G Apr 2014 #5
His life is practically ruined - I hope he seeks and receives due restitution derby378 Apr 2014 #9
Hopefully, he'll get an outcome similar to that of Anthony Caravella down here in Florida Tommy_Carcetti Apr 2014 #10
+1,000 (n/t) derby378 Apr 2014 #11
Bittersweet. Tommy_Carcetti Apr 2014 #7
I won't even look, but I bet he is black. nt kelliekat44 Apr 2014 #12
You would win that bet. IronGate Apr 2014 #13
But many clueless DUers still love the death penalty! nt Logical Apr 2014 #14
This is one out of over 2 million sorefeet Apr 2014 #15
He was in fucking DISNEY WORLD at the time of the murder and was still convicted? Nye Bevan Apr 2014 #16
Jury's are too trusting of the police and proscuters! Nt Logical Apr 2014 #17
Plus One! It's been proven so many times. Enthusiast Apr 2014 #18
We are raised to trust them. Too much. nt Logical Apr 2014 #20
Another illustration of why the death penalty must go. Enthusiast Apr 2014 #19
I see a big lawsuit settlement in his future. n/t RebelOne Apr 2014 #21
"... prosecutors at the time suggested..." rock Apr 2014 #22

ScreamingMeemie

(68,918 posts)
1. The fact that he had a solid gold alibi in the form of a receipt in his pocket
Wed Apr 9, 2014, 09:30 AM
Apr 2014

blows my mind. The fact that police and prosecutors get away this blows it even further.

Jeff In Milwaukee

(13,992 posts)
3. I knew this before I clicked the link...
Wed Apr 9, 2014, 09:34 AM
Apr 2014

African-American Defendant.

Nope. No Sirree. No racial discrimination in America any more. Thing of the past, don't ya know...

Lasher

(27,573 posts)
4. One of my most stunning realizations of the past 10 years is how many such convictions have occurred
Wed Apr 9, 2014, 09:39 AM
Apr 2014

It has changed my worldview. Are we doing better now in this respect than we were doing back then? Maybe even a little?

derby378

(30,252 posts)
9. His life is practically ruined - I hope he seeks and receives due restitution
Wed Apr 9, 2014, 09:48 AM
Apr 2014

It would be nice if at least some of the money came out of the prosecutor's own pocket.

Tommy_Carcetti

(43,173 posts)
10. Hopefully, he'll get an outcome similar to that of Anthony Caravella down here in Florida
Wed Apr 9, 2014, 09:54 AM
Apr 2014
http://www.huffingtonpost.com/2013/03/27/anthony-caravella-verdict-7-million-cops_n_2960225.html

Anthony Caravella Verdict: Cops Must Pay $7,000,000 To Wrongfully Convicted Broward Man
Sun Sentinel | By Paula Mcmahon
Posted: 03/27/2013 3:03 am EDT | Updated: 03/27/2013 7:56 am EDT

The 9,389 days Anthony Caravella wrongfully spent in prison still haunt him, but he was relieved Tuesday that two former police officers who put him away are finally being held accountable.

Jurors decided that William Mantesta and George Pierson framed Caravella, then a mentally challenged 15 year old, for the 1983 rape and murder of a Miramar woman and should pay him $7 million for the close to 26 years he spent in prison.

The city of Miramar or its insurers may have to pay some or all of the judgment against the former detectives, but legal experts said Caravella, now 44, has a good chance of collecting the money -- plus his lawyer's fees and costs.

Tommy_Carcetti

(43,173 posts)
7. Bittersweet.
Wed Apr 9, 2014, 09:45 AM
Apr 2014

Very happy that Mr. Fleming has been exonerated and will see freedom. On the same page, I feel horrible that he's had 25 years of his life wasted due to no fault of his own. He'll never get that time back.

This is clear criminal negligence on the part of prosecutors and/or police, and indictments ought to be in hand.

sorefeet

(1,241 posts)
15. This is one out of over 2 million
Wed Apr 9, 2014, 10:31 AM
Apr 2014

people in prison. How many not on death row are innocent??? 100,000 would not be out of line. All the innocent people laying around the prison is job security FOR the prison. It is a false economic lie. If you let all the hundreds of thousands of innocent AND non-violent who have harmed no one out of prison, they are dumped into a world of no jobs plus the discrimination of being in prison AND the guards and supporting services are out of work also. It's Republican job creation to warehouse thousands of people because they have sent the jobs to out of the country. Get the low wage earners out of the picture and have thousands of people guard and support them. Many people affiliated with the prison industry are corrupt. From the politicians, to cops, to lawyers, to CCA, the warden, it is all huge money and much of it is at the expense of innocent human beings. America, you are corrupt.

Nye Bevan

(25,406 posts)
16. He was in fucking DISNEY WORLD at the time of the murder and was still convicted?
Wed Apr 9, 2014, 11:00 AM
Apr 2014

He "could have made a quick round-trip jaunt" to commit the crime? OK, so where is the airport surveillance footage and the records of him buying tickets for this "quick round-trip jaunt"? Where are the witnesses who saw him on these flights?

This is exhibit A of why the death penalty should be abolished. At least this guy can be paid compensation ($10 million would be a reasonable settlement IMO) and attempt to get his life back together, but this would not be possible if he had been strapped to a gurney and injected with poison.

Enthusiast

(50,983 posts)
18. Plus One! It's been proven so many times.
Wed Apr 9, 2014, 01:55 PM
Apr 2014

We have many documented examples of prosecutorial misconduct. And the police are far worse.

rock

(13,218 posts)
22. "... prosecutors at the time suggested..."
Wed Apr 9, 2014, 05:47 PM
Apr 2014

"he could have made a quick round-trip plane jaunt to be in New York."

"Suggested?" Hell, we wouldn't want them to give some sort of proof now would we? (sarcasm)

Since when do court cases allow speculation as evidence? How about, "We feel that Martians were in cahoots with the defendant and they teleported him to the murder scene, allowed him enough time to commit the crime, and then teleported him back."

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