A Chicago man convicted of homicide and sentenced to 76 years behind bars has had his conviction overturned and will likely be retried after a key witness was revealed as legally blind.
Darien Harris was an 18-year-old highschool scholar when he was charged with homicide after a capturing at a South Aspect fuel station in June 2011.
The capturing left one man useless and one other critically injured in an ambush type assault.
Harris, now 30, has all the time maintained his innocence, claiming he was at residence watching LeBron James play within the NBA finals between the Miami Warmth and the Dallas Mavericks on the time of the capturing.
Dexter Saffold, A passerby on the time of the capturing nevertheless, recognized Harris because the shooter.
It has now been revealed that key eyewitness was registered as legally blind because of his glaucoma which was not disclosed throughout the trial.
Darien Harris, 30, was convicted for the 2011 homicide of Rondell Moore, 23, and sentenced to 76 years in jail in 2014
The station’s surveillance system didn’t seize the capturing, however prosecutors mentioned the video did present a person strolling away from a black Lexus
It has now been revealed that key eyewitness was registered as legally blind because of his glaucoma which was not disclosed throughout the trial
Harris’ legal professional, Lauren Myerscough-Mueller, who mentioned in court docket filings that Harris was wrongfully convicted primarily based on mistaken eyewitness testimonies and with out bodily proof tying him to the crime.
On Tuesday, Cook dinner County Choose Diana Kenworthy vacated Harris’ conviction and sentence, saying merely: ‘So we’re going to begin over.’
Harris will likely be retried on prices of first-degree homicide, tried first-degree homicide and aggravated battery with a firearm.
The decide, citing the intense nature of the costs, declined to free Harris whereas he awaits his new trial.
Shackled on the ankles and wearing blue jail garb, Harris didn’t communicate throughout the temporary court docket listening to.
He waved to his spouse and mom and an uncle seated within the courtroom gallery earlier than being led again to jail.
Nakesha Harris, Darien’s mom informed reporters after the listening to she had hoped her son can be launched with out being retried.
The defendant’s spouse, Jessica Harris, informed reporters: ‘I believed I’d have him residence for the vacations, so it’s in a means disappointing to see that they are retying him.’
Rondell Moore, 23, was shot useless after pulling right into a BP fuel station in Woodlawn due to automotive troubles after 8 p.m. on June 7, 2011
‘They’re losing taxpayers’ hard-earned cash,’ she mentioned.
‘We’re retrying a case with no bodily (or) DNA proof. All of the witnesses recanted (and) modified tales, and the decide primarily based his verdict off the testimony of a blind man.’
The defendant’s spouse, Jessica Harris, informed reporters: ‘I believed I’d have him residence for the vacations, so it’s in a means disappointing to see that they are retrying him.’
‘However I will hold a constructive angle that he’ll be residence quickly.’
Rondell Moore, 23, pulled right into a BP fuel station in Woodlawn due to automotive troubles after 8 pm on June 7, 2011.
Moore was assisted by an area mechanic who arrived on the station on his bike shortly afterward.
Moore was shot thrice and died in a close-by car parking zone as he tried to flee.
The 51-year-old mechanic survived struggling bullet wounds to his again and arm.
The station’s surveillance system didn’t seize the capturing, however prosecutors mentioned the video did present a person strolling away from a black Lexus and across the fuel station constructing towards the realm the place the capturing occurred, then operating away shortly afterward.
The video confirmed a person whose skinny construct and brief coiffure typically match Harris, however the suspect’s face was not seen.
Days after the capturing Harris was arrested after a witness, Dexter Saffold, mentioned he witnessed the capturing whereas on his means residence from a fast-food restaurant.
Saffold picked Harris out of a police lineup and in addition recognized him in court docket throughout the trial.
Cook dinner County Choose Nicholas Ford mentioned he primarily based his ruling totally on Saffold’s testimony.
Prosecutors pledged to pursue one other trial and keep they’ve credible proof from different eyewitnesses that time to Harris’ guilt.
Myerscough-Mueller alleged police misconduct performed a job in these identifications.
Harris is due again in court docket on December 19, when a trial date could also be set.