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LAS Wins Dismissal of Charges for Wrongfully Convicted Client James Davis

The Legal Aid Society secured a dismissal of charges against James Davis, a Brooklynite who was wrongfully convicted of a 2004 murder and who spent the last 17 years incarcerated, as reported by the New York Daily News.

This dismissal comes after the New York State Appellate Division, Second Judicial Department vacated James’ 2006 conviction and ordered a new trial. The Kings County District Attorney dismissed all charges, declining to retry the case.

Mr. Davis was found guilty of murder in the shooting death of Blake Harper at a crowded party at a Brooklyn Masonic Temple. There was no physical or forensic evidence connecting Davis, then 21 years old, to the crime. The case against him rested solely on eyewitness identification testimony which has deteriorated over time.

“While he is at long last, finally truly free, his young adult life was robbed from him. From 21 to 38 years of age, he was in prison for a crime he did not commit,” said Elizabeth Felber, Director of the Wrongful Conviction Unit at The Legal Aid Society.

“Had the detectives in this case, properly investigated the only eyewitness at the second trial, they would have realized that he was a target in a major drug investigation,” she continued.

James’ family has created a GoFundMe page to assist in his transition back to society.