Murder conviction expected to be overturned in Brooklyn

NEW YORK (WABC) --
A man who has spent 24 years in prison is expected to have his murder conviction overturned Tuesday in Brooklyn.

Jonathan Fleming was charged with the murder of Darryl Rush in 1989.

He has always claimed he was in Florida when it happened.

Now newly discovered evidence supports that claim, including a telephone receipt that showed Fleming was in Orlando hours before the murder.

According to Fleming's attorneys, the main witness in the case recanted shortly after trial, but nobody believed her.

She had identified Fleming as the shooter, but after trial said she made it up because officers investigating the case promised to drop a felony grand larceny charge against her if she identified Fleming as the shooter.

When the current Brooklyn DA's office reviewed the case, they found police logs that verified that she had been arrested that night under a different name, and charges were dropped shortly after making her statement in the Rush murder.

The phone receipt was never presented at trial.