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Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
25 years to Life imprisonment |
Years Imprisoned: |
24.67 |
Year Crime: |
1989 |
Year Convicted: |
1990 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Kings |
City of Crime: |
New York City |
Result: |
Judicially Exonerated |
Summary of Case: |
"Jonathan Fleming was wrongly convicted in 1990 of the murder of an acquaintance in Brooklyn, New York on August 15, 1989. The prosecution's case was based on an eyewitness who testified she saw Fleming shoot the victim. Fleming's alibi defense, supported by plane tickets, videos, and postcards, was that on the day of the shooting he was at Disney World in Orlando, Florida 1,00 miles from New York. The prosecution argued that Fleming could have traveled to New York to commit the crime and then return to Florida. After his conviction by the jury Fleming was sentenced to 25 years to life in prison. Shortly after Fleming's conviction the witness recanted, claiming she perjured herself in a deal with the prosecution to drop the charges against her in an unrelated arrest. However, Fleming's conviction was affirmed on appeal. In 2013 the Brooklyn DA's Office agreed to review Fleming's case at the request of his pro bono lawyer. The reinvestigation discovered that the trial prosecutors failed to disclose that a hotel receipt dated 5 hours before the murder was recovered by police from Fleming's pants pocket, and that Orlando police provided information to the prosecution that employees at the hotel remembered seeing Fleming. Fleming's lawyer also obtained an Affidavit from the getaway car's driver identifying who actually shot the victim. Based on the newly discovered evidence he was 1,100 miles from the crime scene and who the actual perpetrator is, the Brooklyn DA's Office filed a motion on April 9, 2014 to dismiss the murder indictment. The motion was granted and Fleming was released later that day after almost 25 years of wrongful imprisonment. Fleming told reporters after his release, "I have no faith in the system because it shouldn’t have taken this long for me to get out. The evidence was there all along that could have freed me 24 and a half years ago. If the documents were turned over 24 years ago, I would’ve gotten released then.” On June 23, 2015 Fleming settled his federal civil rights lawsuit against the City of New York for $6.25 million." |
Conviction Caused By: |
Perjury by the prosecution's key witness. |
Innocence Proved By: |
"Based on the newly discovered evidence he was 1,100 miles from the crime scene, the Brooklyn DA's Office filed a motion on April 9, 2014 to dismiss the murder charge. The motion was granted on April 9, 2014, and Fleming was released later that day after almost 25 years of wrongful imprisonment." |
Defendant Aided By: |
Kings County Conviction Integrity Unit |
Compensation Awarded: |
"$6.25 mil. (City of New York, June 23, 2015)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
27 |
Age When Released: |
51 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"1989 NYC murder conviction overturned, man released after 25 years in prison, By Jennifer Peltz (AP), Christian Science Monitor, April 9, 2014" |
Information Location 1: |
http://www.csmonitor.com/USA/Latest-News-Wires/2014/0409/1989-NYC-murder-conviction-overturned-man-released-after-25-years-in-prison |
Information Source 2: |
"Wrongfully Convicted, Jonathan Fleming Is Freed After 24 Years: ‘I Have No Faith in the System’, By Zach Schonfeld (staff writer), Newsweek, April 11, 2014" |
Information Location 2: |
http://www.newsweek.com/wrongfully-convicted-jonathan-fleming-freed-after-24-years-i-have-no-faith-system-245972 |
Information Source 3: |
"Wrongly convicted Brooklyn man released after 24 years in prison opens up about ordeal as he celebrates freedom, By Rich Schapiro (Staff writer), New York Daily News, April 13, 2014" |
Information Location 3: |
http://www.nydailynews.com/new-york/brooklyn/innocent-bk-man-freed-24-years-prison-opens-ordeal-article-1.1754765 |
Information Source 4: |
"New York City Settles Wrongful Conviction Case in Brooklyn for $6.25 Million, By Stephanie Clifford (Staff writer), The New York Times, June 23, 2015" |
Information Location 4: |
http://www.nytimes.com/2015/06/24/nyregion/brooklyn-wrongful-conviction-case-settled.html?_r=0 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org