Flawed Evidence Prompts Brooklyn DA to Dismiss Homicide Case Against Wayne Martin, Who Served Nine Years Prison

Attorney James Henning with his client Wayne Martin at State Supreme Court in Brooklyn on July 21. (JESSE WARD/FOR NEW YORK DAILY NEWS)BYCHRISTINA CARREGA-WOODBYNEW YORK DAILY NEWS)

article by Christina Carrega-Woodby via nydailynews.com

A Brooklyn man who served almost nine years in prison for a double homicide had his case dismissed on Wednesday by the Brooklyn District Attorney’s Conviction Review Unit. Wayne Martin was released on his own recognizance last month as prosecutors investigated whether they should retry him for the 2005 murders of Donald Turner Sr. and Ricardo Davids inside Gary’s Tire Emporium in East Flatbush.

“Following a thorough re-examination of this case, I have concluded that a lack of reliable evidence, compounded by the utter failure to disclose exculpatory evidence at the original trial, would make it impossible to retry this case,” said Brooklyn District Attorney Ken Thompson. “Therefore, we moved today to dismiss the indictment against Mr. Martin in the interest of justice,” he added.

The main evidence against Martin was a wool hat found at the crime scene. It was not photographed by crime scene detectives. As Martin’s attorney requested documents from the case’s file in preparation to make an appeal, prosecutors noticed that a paragraph on court documents that named another suspect was removed. The Conviction Review Unit was alerted and questioned the trial’s prosecutor Marc Fliedner, who left the office in June.

To read full article, go to: Brooklyn homicide case dismissed after man serves nine years – NY Daily News

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