Man wrongly convicted of 2008 Brooklyn murder exonerated, freed after 16 years in prison
DOWNTOWN BROOKLYN, New York (WABC) -- After spending more than a decade and a half behind bars for a murder he didn't commit, a 52-year-old man was freed from prison on Friday, after video showing the real murderer was finally presented in court.
Arvel Marshall waited 16 years in an upstate prison for the moment that unfolded on Friday. He says he never lost faith that it would come.
"They knew I was innocent. They knew I could prove my innocence," Marshall said. "So, they tried to keep it under the table. They were hoping I'd just shut up and just accept everything that they did to me. And I said, 'nah, I'm going to fight.'"
Marshall was accused and convicted of murder, for shooting his neighbor in the head outside the man's home in Crown Heights in July of 2008, but a grainy surveillance video from the street appeared to tell a different story, indicating the killer was one of two teenagers who fired just outside of frame.
According to the district attorney's follow-up investigation, "the prosecutor was unable to play the video in court, making several attempts to do so. It appears that no one actually watched the entire video."
Marshall proclaimed his innocence throughout the trial, believing the video would prove it. Current Brooklyn District Attorney Eric Gonzalez re-opened the case, based largely on the video.
"They didn't have the technology or the ability to play it. And what was provided were still photos that did not show the entire incident. And that's just unacceptable," Gonzalez said.
What's more, the DA says, before the trial, an anonymous tipster contacted the defense claiming, "The shooting was arranged by a drug dealer who lived next door to the victim and ordered a hit against a man he believed to be encroaching on his drug territory."
It went on to claim that "the deceased was killed by a 16-year-old in a case of mistaken identity."
But none of that ever came up during the trial. Marshall insists he's not bitter. He was not up for parole until 2033.
"Let bygones be bygones," Marshall said. "Whoever did it, you know, I just hope they get justice for the victim and his family."
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