We have recently taken on a Post Conviction Investigation involving a man believed to have been wrongfully convicted of murder. During the course of our investigation we have discovered new evidence and new witnesses that we believe will support this premise.
The facts of the case are as follows:
On 8/15/89 at approximately 2 AM, Daryl Rush (AKA “Black”)was shot and killed in the Williamsburg Housing Development located in Brooklyn, NY.
On 8/19/89 Jonathan Fleming (AKA “Hook”) was arrested and charged with the murder. He was convicted after trial in July 1990 and sentenced to 25 to life.
For the past 23 years, Mr. Fleming has never admitted to killing the victim, he did not ‘have the victim killed’, and has tried to prove his innocence.
During the time of the homicide he was on a family vacation in Orlando, Florida with his girlfriend, mother, son and nephew. Evidence submitted at trial supporting Mr. Fleming’s alibi include several witnesses’ testimony, plane ticket receipts, hotel receipts, photographs and video of Mr. Fleming during the 5 day trip.
Despite this compelling evidence a jury convicted Mr. Fleming based upon the prosecution’s one witness who claimed she saw the shooting from 437’ away at 2am in the morning while high on crack. The witness wears glasses for distance, but did not have them on at the time of the shooting. This witness later recanted her testimony stating she was coerced and threatened by the investigating detectives. In addition, another witness who was not allowed to testify gave the names of possible suspects as well as a detailed description of the shooter to the police. These leads were never followed up.
Since taking on this case an article appeared in the NY Times about another detective in the same precinct where our client was arrested. He is being investigated for possible misconduct in 50 homicide investigations. The Brooklyn District Attorney’s Office will reopen those cases and give special scrutiny to those cases that appear weakest — because they rely on either a single eyewitness or confession, officials said. The staff will re-interview available witnesses, and study any new evidence. If they feel a conviction was unjust, prosecutors could seek for it to be dismissed.
The family of Jonathan Fleming hopes that he will finally get justice from the DA’s examination of these cases.
Management Resources Ltd of New York is a professional investigative firm Licensed in New York and New Jersey. This blog is for our clients and friends in an effort to keep them abreast of our recent cases, investigative tools and techniques and emerging trends in our profession. We also welcome inquiries from potential new clients that may be contemplating hiring a Private Investigator, but have some questions or concerns about doing so. The investigators of Management Resources Ltd. of New York are here to assist you. Please feel free to participate.