April 10, 2014

TODAY IN PROSECUTORIAL MISCONDUCT: Jonathan Fleming, convicted in killing despite vacation alibi, freed after 24 years.

At his trial, defense lawyers provided family photos and home videos of Fleming in Florida around the time of Rush’s killing. But according to Taylor Koss, another of Fleming’s lawyers, they did not have evidence he was in Florida on the day of the slaying. The prosecution persuaded jurors to ignore the alibi.

Fleming told his attorneys he had paid a bill for phone calls made from his Florida hotel room the night before Rush was killed, and he believed the receipt was in his pocket when police arrested him. But authorities told the defense he had no such receipt, according to Koss.

In the course of the investigation, the Conviction Review Unit found the receipt in police records, time stamped and dated — solidifying Fleming’s claim that he was in Florida at the time of the killing, according to the district attorney’s office.

“This is proof of alibi that was basically purposely withheld,” Koss said.

The review unit also interviewed Fleming’s former girlfriend, who said she called Fleming the night of the killing while he was still at his hotel in Florida. The investigation found her story to be credible, with phone records to support it.

The prosecution also produced a witness who said she saw Fleming commit the crime.

According to Koss, the woman recanted her testimony weeks after Fleming’s conviction. She later testified in front of a judge that she was on parole and had been arrested with another woman for being in a stolen van the night of the killing. She said police persuaded her to give a statement against Fleming to avoid going back to jail.

Stuff to remember, should you find yourself on a jury. Meanwhile, of course, this means the real killer — whom a witness identified — was never punished.