By AMANDA RODRIGUEZ & KIRAN SURY
A Brooklyn man who served almost a quarter of a century in prison for a murder he did not commit was released Tuesday, just half a year before he was eligible for parole.
Jonathan Fleming, 51, was found guilty of murdering Darryl Rush in 1989. The prosecution relied heavily on an eyewitness, Jackie Verlando, who claimed she saw Fleming shoot and kill the victim. There was only one problem – Fleming was nowhere near Brooklyn at the time.
Newly disclosed evidence showed that Fleming had a hotel receipt placing him in Orlando, Florida as well as an Orlando police report confirming his presence at the time of the shooting. Verlando also later recanted her statement, which she said she said was coerced by the police.
“She had everything to gain from her testimony that night,” said Fleming’s attorney, speaking at the court hearing. He suggested that the prosecution knew about the receipt, but failed to disclose it to Fleming’s 1989 defense team.
“I’m not here to put blame on anyone but it was not a mistake,” he said. “This could have all been avoided had all the proper steps and all the proper measures been taken at the time.”
An assistant DA at the hearing agreed that Fleming should go free. “To hold Mr. free run 3.0 v2 femmes Fleming after reviewing the new evidence would be an unjust act of the system,” he said.
Dressed in a light purple shirt and gray slacks, Fleming fought back tears as he stood in the courtroom packed with his family and supporters.
“I’ve waited for this day to come for 24 and a half years, for this nightmare to be over. And it’s finally here,” said Fleming.
Fleming’s attorney did not explicitly mention a settlement with the city, but said that Fleming needed to be taken care of in a “civil and timely fashion.”
Fleming had other immediate priorities. “I feel wonderful,” he said. “I’m going to eat dinner with my mother and my family and I’m going to live the rest of my life.”
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