Attorneys Phemister and Henning Client Conviction Overturned
July 25, 2016 | Napoli Shkolnik News
“This is an 11-year-old botched investigation that is keeping my client behind bars,” Napoli Shkolnik’s Attorney Craig Phemister said, addressing the judge. “We’re dealing with a lead investigator who obviously had some serious issues. It would be unjust for my client to remain incarcerated.”
Napoli Shkolnik’s client, Wayne Martin, recently had his double murder conviction overturned after 11 years in prison. Brooklyn Supreme Court Justice Matthew D’Emic overturned the conviction after the District Attorney’s Conviction Review Unit reported that they are investigating whether or not trial prosecutor Marc Fliedner had withheld potentially exculpatory evidence. Jude D’Emic declined to set bail however he did note that he does not want to keep Mr. Martin lock up “any longer than necessary.”
“This is an 11-year-old botched investigation that is keeping my client behind bars,”
– Craig Phemister (Attorney for Wayne Martin)
Since taking over as district attorney in Brooklyn in 2014, Mr. Thompson has asked courts to reverse convictions and dismiss charges in 21 cases, including Mr. Martin’s this week. “A prosecutor engaged in intentional misconduct faces immediate reprimand, including termination,” Charisma Troiano, a spokeswoman for Mr. Thompson, said. An internal ethics committee also reviews them, she said.
The prosecutor in Mr. Martin’s case quit in June and did not respond to a request to explain why those materials were not turned over to the defense.
“There’s a lot of other people out there who need help.”
– Wayne Martin
After Mr. Martin was convicted of the double homicide, the prosecutor argued that if he were not given the harshest sentence possible, there would be more victims.
There were indeed more, but Mr. Martin had nothing to do with them. At least two other people were killed by the men named as the gunmen at the tire store.
Mr. Martin thanked all for their efforts on his behalf and added “There’s a lot of other people out there who need help.” For now he is looking forward to getting back to his life; he proudly took his daughter to school the other day and called the experience “indescribable.”
Mr. Martin was convicted of double murder in 2005 and was serving a life sentence without the possibility parole; however, allegations of prosecutorial misconduct in his case have led to this overturned conviction. Martin had been sentenced to life without parole for the fatal shooting of a tire shop owner and an employee in East Flatbush in 2005. The Brooklyn Conviction Review Unit uncovered alleged misconduct by now-retired trial prosecutor Marc Fliedner and Mr. Martin’s 2010 conviction was vacated on July 7th.
The allegations of misconduct and missing evidence were put in the spotlight when the Brooklyn District Attorney made the chief administrative judge aware that Wayne’s due process rights had been violated and that evidence that could of resulted in a different jury verdict was not made available to the defense team ahead of trial.
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