DIN: 90 T 4944
Washington Correctional facility
Lock 11 Lane, Box 180
Comstock, New York 12821-0180
TO: All conscientious and concerned attorneys
whom seek justice for the Actual Innocent
RE: A review of the powerful facts and circumstances in this case
I, Jonathan Fleming, being duly sworn, affirm under penalty of perjury that the forgoing information contained herewith is based completely upon the evidence in this case in the form of police reports, DD-5 reports, the felony complaint, indictment, video/ audio tape evidence, pretrial and trial transcripts and sworn affidavits from both prosecution and defense witnesses in and a part of this case.
This case involves an “actual innocence” claim which was born out of a Second Degree Murder charge that I was falsely accused of, and remain incarcerated for. I have declared and maintained my total and complete innocence of this crime from the first day of questioning, my eventual arrest, and to the present day. Although the facts of this case may take many twists and turns in an effort to unravel the truth, the ultimate outcome remains the same......”I DID NOT COMMIT THIS CRIME”
THE INVESTIGATION AND SUBSEQUENT ARREST AT THE PRECINCT
On August 18, 1989, two days after my return from the State of Florida where I was vacationing with my family, I was taken into custody for questioning to the alleged murder of one Darryl “Black” Rush, also known as Darryl Alston. Mr. Rush's murder allegedly took place on or about August 15, 1989 in Brooklyn, New York.
During an extensive interrogation process at the precinct (without counsel) surrounding the above referenced murder of Mr. Rush, I was asked repeatedly by several of the Investigating Detectives of my exact location and/or where I was on night of August 15, 1989, To which I responded that “I was vacationing in the State of Florida with my family” and that “I just returned to Brooklyn two days ago.” Additionally, I informed the Detectives that I was in the position to provide the names of the family members I was with, the hotel where I was a registered guest and remained for my entire stay in Florida, the plane ticket stubs, the travel agency where the trip was purchased, and the airport where I later flew out on my vacation. I explained to the Detectives that I could provide any and all pertinent information I could come up with to support my assertion that “I was not in Brooklyn, New York or any of it's surrounding counties several days before, during, or days after the murder of Mr. Rush.
At some point during the ongoing interrogation at the precinct, Assistant District Attorney, Mr. Lenni Klaimate, asked to speak with me concerning the murder of Mr. Rush, along with “where I was on the day in question.” Significantly, the ADA insisted that any conversation we had should be recorded, to which I agreed to those terms, as I had absolutely nothing to hide. In sum, the ADA asked me a series of questions----Did I commit the said murder? Do I know who committed the murder?--- to which I responded with a resounding “NO!”. When the ADA questioned me about my whereabouts on the night in question, I provided him with the same details I had given to the investigating detectives (i.e.: names of family members, hotel where I stayed, plane ticket stubs, etc.). Incredibly, despite all the extensive information I provided to both, the ADA and the detectives, concerning my solid alibi along with documentary proof, I was formally arrested on August 19, 1989 for the murder of Mr. Darryl Rush.
THE ARRAIGNMENT PROCEEDINGS
During the arraignment proceedings, Mrs. Ellen Sachs, Esq., of the Legal Aid Society, was assigned to represent me for the limited purpose of...