Man cleared in '89 NYC killing plans $162M claim

Image
AP New York
Last Updated : Jun 18 2014 | 11:39 AM IST

Don't want to miss the best from Business Standard?

A man recently exonerated in a 1989 New York City killing that happened while he was visiting Disney World has filed papers outlining plans to seek USD 162 million from the city, one of his lawyers said.
By filing what's called a notice of claim yesterday, Jonathan Fleming has made a first move toward suing the city over case that put him in prison for nearly 25 years. He was freed and his conviction dismissed in April after the Brooklyn district attorney's office said it now agrees he had a valid alibi.
"I think this is the first step toward getting him what he rightfully deserves," his lawyer Taylor Koss said.
The city comptroller's office, which fields such notices and sometimes settles them, had no immediate comment Tuesday.
Fleming, 52, was convicted of shooting a friend in Brooklyn in August 1989, though he had told authorities he was on a family vacation in Orlando, Florida, and had plane tickets, videos and other material to show it.
Prosecutors at the time suggested he could have flown back and forth to New York for the killing, and a woman testified that she had seen him commit the crime.
That witness later recanted her testimony, and defence investigators located witnesses who pointed to someone else as the gunman. Then, prosecutors' review of authorities' files turned up documents backing Fleming's alibi, including a hotel receipt that he paid in Florida about five hours before the shooting.
Police evidently found it in Fleming's pocket when he was arrested, but authorities never provided it to his prior defense lawyer. Nor did they turn over a 1989 Orlando police letter telling New York detectives some employees at an Orlando hotel remembered Fleming.
The authorities' conduct led to Fleming "suffering in prison for nearly 25 years for a crime that he didn't commit," according to his notice of claim.
Wrongfully convicted people often can pursue federal civil-rights lawsuits and claims under state laws, but some claims are resolved before going to court.
In a recent example, the city comptroller's office settled for USD 6.4 million with David Ranta after Brooklyn prosecutors last year disavowed his 1990 conviction in the killing of a rabbi. He'd filed a USD 150 million notice of claim.
After Fleming's release, an online crowd-funding campaign raised almost USD 50,000 for him. He also has been looking for a job, Koss said.
*Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Exclusive premium stories online

  • Over 30 premium stories daily, handpicked by our editors

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: Jun 18 2014 | 11:39 AM IST

Next Story