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Innocent Man Freed After 25 Years in Prison
NBC ^ | Apr 8, 2014 | Jonathan Dienst and Roseanne Colletti

Posted on 04/08/2014 4:52:27 PM PDT by JerseyanExile

An innocent man who spent nearly a quarter century in prison for a murder he did not commit walked out of a Brooklyn courtroom with his freedom and his mother by his side Tuesday.

Jonathan Fleming, now 51 years old, was in tears as he hugged his lawyers and family Tuesday after his conviction was thrown out by a judge.

"I feel like the time I felt when he was born and the nurse bring him to me," said Patricia Fleming, the mother of the wrongly jailed man. "That's how happy I was."

From the start, Fleming proclaimed his innocence in the 1989 shooting of his friend Darryl Rush: he said he was vacationing in Disney World. He had plane tickets, videos and postcards from his trip and the testimony of his own mother.

The New York Times first reported the questions in this case, including investigators, hired by his attorney Anthony Mayol, interviewing a key witness who says she lied and singled out Fleming in exchange for having felony charges against her dropped.

Prosecutors' own review produced a hotel receipt that Fleming paid in Florida about five hours before the shooting - a document that police evidently had found in Fleming's pocket when they arrested him. Prosecutors also found an October 1989 Orlando police letter to New York detectives, saying some employees at an Orlando hotel had told investigators they remembered Fleming.

Neither the receipt nor the police letter had been provided to Fleming's initial defense lawyer, despite rules that generally require investigators to turn over possibly exculpatory material.

(Excerpt) Read more at nbcnewyork.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: New York
KEYWORDS: corrections; donutwatch; innocent; innocentman; jonathandienst; legalsystem; nbc; nifong; nyc; roseannecolletti

1 posted on 04/08/2014 4:52:27 PM PDT by JerseyanExile
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To: JerseyanExile
.. a key witness who says she lied and singled out Fleming in exchange for having felony charges against her dropped.

If true, she should pay a price, but the prosecutor/law enforcement people who suborned her perjury should pay an even higher one.

2 posted on 04/08/2014 4:55:26 PM PDT by Pearls Before Swine
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To: JerseyanExile

This isn’t a guy being released because modern technology has improved. The evidence at the time did not support the charge but proprietorial misconduct nailed him.


3 posted on 04/08/2014 4:56:25 PM PDT by colorado tanker
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To: JerseyanExile

>> Neither the receipt nor the police letter had been provided to Fleming’s initial defense lawyer

What a crime that is. The meat of this man’s lifetime was taken from him.


4 posted on 04/08/2014 4:57:08 PM PDT by Ray76 (Take over the GOP? You still beg! Forget them. Second Party Now.)
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To: Pearls Before Swine

this case is standard operating procedure for prosecutors.

Prosecutors need an independent oversight that is NOT judges


5 posted on 04/08/2014 4:58:12 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: JerseyanExile

cops and da ought to forfeit their pensions tov this guy and do some jail time for railroading him. all they cared about was finding someone to pin this on.


6 posted on 04/08/2014 4:58:39 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: colorado tanker
The evidence at the time did not support the charge but proprietorial misconduct nailed him.

They never seem to mention who the prosecutors were.

7 posted on 04/08/2014 5:00:09 PM PDT by aimhigh (John 14:21)
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To: colorado tanker; Pearls Before Swine

The prosecutor and cops should be hanged in Central Park.


8 posted on 04/08/2014 5:03:00 PM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: JerseyanExile

The prosecutor, the police investigators and the witness should all be jailed. For 25 years. And their assets should be forfeited to this poor bastard.


9 posted on 04/08/2014 5:04:55 PM PDT by jwalsh07
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To: aimhigh

Yes! They need to post the names very publicly.


10 posted on 04/08/2014 5:08:57 PM PDT by zeugma (Don't cry because it's over, smile because it happened - Dr. Seuss (I'll see you again someday Hope))
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To: jwalsh07

I support exactly what you convey. They should do their time in the same prison(s) this man was held in.


11 posted on 04/08/2014 5:09:56 PM PDT by Ghost of SVR4 (So many are so hopelessly dependent on the government that they will fight to protect it.)
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To: JerseyanExile

A guy was released from prison in Texas in 2011. DNA got him out it after 25 years, but the prosecutor, by that time a judge, lost his law license and spent a few days in jail. Like Nigong, he withheld evidence. Every case he was ever on, was reviewed by the courts.


12 posted on 04/08/2014 5:15:34 PM PDT by Mark17 (Chicago Blackhawks: Stanley Cup champions 2010, 2013. Vietnam Vet 70-71 Msgt US Air Force, retired)
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To: JerseyanExile

How do we find out who the Prosecutor was?


13 posted on 04/08/2014 5:21:29 PM PDT by Ben Mugged (The number one enemy of liberalism is reality.)
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To: Pearls Before Swine

With more of these wrongful (and in too many cases intentionally so) convictions coming to light I am beginning to rethink my opinion on the death penalty.

They are convicting too many innocent people. And they KNOW they are doing it.

See, the thing is, I no longer trust the Govt., the “legal system”, the courts or the cops.


14 posted on 04/08/2014 5:22:47 PM PDT by Nik Naym (It's not my fault... I have compulsive smartass disorder.)
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To: aimhigh

I saw the prosecutor’s name in another article. The article said his old files were being reviewed after another guy was released for a wrongful conviction.


15 posted on 04/08/2014 5:25:42 PM PDT by colorado tanker
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To: Pearls Before Swine

Damn right! I hope this guy gets justice..........


16 posted on 04/08/2014 5:37:48 PM PDT by bobby.223 (Retired up in the snowy mountains of the American Redoubt and it's a great life!)
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To: JerseyanExile

My word .... How do these scumbags sleep at night knowing they railroaded an innocent guy for 25 years....


17 posted on 04/08/2014 5:41:43 PM PDT by Popman ("Resistance to Tyrants is Obedience to God" - Thomas Jefferson)
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To: JerseyanExile

These are evil acts. I don’t care if they thought they were doing something useful for society. They deserve the harshest of punishments.


18 posted on 04/08/2014 5:50:37 PM PDT by catbertz
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To: JerseyanExile

The poor soul. I hope someone opens a bank account for him AND his poor mother. That’s a long time to suffer from someone else’s badness.


19 posted on 04/08/2014 5:53:17 PM PDT by JudyinCanada
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To: Ray76

Agreed. Under Brady V. Maryland, “A;; evidence must be turned over to the defense”. I had worked in the system for 31 yrs. It is a total farce when Prosecutors are corrupt. Judges always cover for them. Watch every show on tv where a wrongful conviction was overturned and the prosecutor still insists a jury’s conviction is the final word.


20 posted on 04/08/2014 6:00:29 PM PDT by DrDude (Does anyone have a set of balls anymore?)
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To: JerseyanExile

Under the Law of Moses false testimony was punished by the penalty they tried to get the innocent person to suffer, up to and including the death penalty.

They didn’t have cops or prosecutors then, but I don’t see why we can’t apply the principle.

In (very) partial defense of the cops and prosecutors, they often believe (sometimes even accurately) that the person they’re railroading is a career criminal anyway, so what difference does it make if he is convicted of a crime he didn’t commit when he’s gotten away with dozens or hundreds of crimes?


21 posted on 04/08/2014 6:13:54 PM PDT by Sherman Logan
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To: JerseyanExile

Convicted on the word of one supposed witness? there is more to this than the news story tells. Did the jury consist of complete idiots? How about his defense attorney? There is so much to question about this it boggles the mind


22 posted on 04/08/2014 6:32:57 PM PDT by Figment
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To: Secret Agent Man

The cops and DA should do triple the sentence of the innocent man wrongly convicted, and give up all their personal accumulated finances to him as well, including the value of any pensions they have coming.


23 posted on 04/08/2014 6:45:44 PM PDT by Real Cynic No More (Border Fence Obamacare!)
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To: aimhigh
They never seem to mention who the prosecutors were.

About a decade ago, the Richmond Times-Disgrace editorialized that they would refuse to embarrass the great heroes of law enforcement when these "rare" events happened. I doubt that's still policy, but I'm not sure. A lot of these "Law & Order" hacks went on to be very powerful.

Hey, wasn't this Giullani time? And Andrew McCarthy? Just curious ...

24 posted on 04/08/2014 6:48:24 PM PDT by Forgotten Amendments (On the wrong side of history.)
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To: Mark17

Thank god he wasn’t in texas. Then Rick Perry and Gregg Abbott would have to find a way to cover it up through cronyism and procedural loops.

Cases like these have eroded my support of the death penalty. I support the idea of jail time for all people involved.Hold them accountable and destroy them. I’d support the death penalty if prosecutors, judges, and law enforcement suffer the same if they get it wrong.


25 posted on 04/08/2014 6:58:35 PM PDT by drunknsage
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To: Sherman Logan

I support Moses. He was the original epic beard man.


26 posted on 04/08/2014 7:00:08 PM PDT by drunknsage
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To: catbertz

Its the system.

Just google “Fred Zain” if you wanna see how bad. He was WV’s head crime lab chemist. He made up testimony to convict hundreds of people. Everyone looked the other way because he got convictions.


27 posted on 04/08/2014 7:01:31 PM PDT by FreeInWV (Have you had enough change yet?)
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To: Popman
Thou shalt not bear false witness against thy neighbor.

It is a biggie, imho.

28 posted on 04/08/2014 7:04:19 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: Pearls Before Swine

Yep and the state should be sued for damages (wasted time, and false imprisonment) against this man HE DESERVES to HAVE A SETTLEMENT AGAINST THE STATE for the wage earning years of his life that he has lost!!!


29 posted on 04/08/2014 7:40:16 PM PDT by JSDude1 (Defeat Hagan, elect a Constutional Conservative: Dr. Greg Brannon!)
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