Brooklyn District Attorney investigating planted gun allegation

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A.J. Ross has details on the allegations that rogue officers planted a gun, which has now prompted the Brooklyn DA to investigate. (WABC)

Prosecutors are investigating a Brooklyn man's allegation that police officers planted a gun on him.

53 year old Jeffrey Herring was accused of having a gun outside his East Flatbush apartment in June 2013. He faced 15 years in prison.

Questions were raised whether the gun was planted by police officers from the 67th Precinct. Prosecutors were given a final chance Thursday by the judge to produce the informant who led to the arrest, but were unable to, and a judge dismissed the case.

Meanwhile, Herring's public defender found five other past cases that ended with dismissals, acquittals and a plea to time served.

In all of them, the same group of 67th Precinct detectives made similar allegations using an informant who was never identified or testified and a gun that was found in a plastic bag or bandana without any fingerprints on it.

"We will investigate the arrest of Mr. Herring and other arrests by these officers because of the serious questions raised by this case," said Brooklyn District Attorney Ken Thompson.

Herring has maintained his innocence for more than a year and a half.

"It's been a terrible nightmare for Mr. Herring, an innocent man who every night had to go to bed with these charges these false charges hanging over his head every single night," said his attorney, Debbie Silberman of Brooklyn Defender Service.

She says she knew her client was innocent from the start.

"From the very moment that I met Mr. Herring he proclaimed his innocence and his story never wavered," she said.

On Thursday a Brooklyn court agreed, dismissing all charges against Herring after prosecutors failed to produce the confidential information who allegedly tipped police off to the gun, a weapon Herring maintains was planted by a group of officers from the 67th precinct.

A bold allegation the Brooklyn DAs office is now investigating along with five other cases involving the same officers.

"In the other five cases that we found that were similar no individual has ever been produced to support the allegations being made by these detectives," said Silberman.

Herring's attorney says the similarities between these cases are glaring and in each case the gun in question was found with no fingerprints.

"The facts were so incredibly similar to the facts in my case so similar that it raised red flags and a lot of suspicion," she said.

Suspicions about the same officers were also stated on record by another judge just a couple years ago who said in her closing decision "I believe these officers perjured themselves".

The NYPD declined our request for an interview but did confirm Internal Affairs is now actively investigating these allegations in addition to the Brooklyn DAs investigation.

Related Topics:
gunsnypdbrooklyn newsEast FlatbushNew York City
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