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.
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.
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.
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