The Legal Aid Society and Brooklyn District Attorney Eric Gonzalez have filed a joint motion to vacate the conviction of Brian Kendall, who was wrongly convicted of first-degree manslaughter in 1988.

At the time of the incident, Mr. Kendall was a 17-year-old resident of Flatbush, Brooklyn. He was convicted in connection with the killing of Raphael Reyes, a game room employee who was shot while working at a store on Cortelyou Road, just around the corner from Brian’s home.  Brian was in the store with his younger brother and several friends when the homicide occurred. After witnessing the attack, the group chased the assailant down the street and flagged down a passing police car.  

Later, however, two witnesses came forward with severely flawed claims that Brian was the shooter. Facing a potential life sentence, Brian pled guilty to first-degree manslaughter and served 16 years in prison before being released, then he was deported to Guyana, a country his family had left when he was just 11 years old.

“I was just a teenager when my life was taken from me for something I didn’t do. For years, I carried the weight of a conviction that never should have happened,” said Mr. Kendall. “Today’s action doesn’t erase the pain or the time I lost, but it does give me hope. I’m deeply grateful to The Legal Aid Society and District Attorney Gonzalez for finally uncovering the truth and helping me clear my name. I only wish my mother and father were alive to see this day.”

“Brian Kendall’s case is a stark reminder of the devastating consequences of a system that too often fails young people of color. Despite clear evidence pointing to his innocence, Brian was forced to plead guilty under the weight of a broken process,” said David Crow, Associate Appellate Counsel and Director of Pro Bono for Criminal Appeals at The Legal Aid Society. “We’re proud to have partnered with the Kings County District Attorney’s Office to finally right this wrong. While nothing can return the years Brian lost, today’s outcome affirms a deeper truth: wrongful convictions can and must be corrected.”