Prosecutors’ review produced a hotel receipt that Fleming paid in Florida about five hours before the shooting — a document that police evidently had found in Fleming’s pocket when they arrested him. Prosecutors also found an October 1989 Orlando police letter to New York detectives, saying some employees at an Orlando hotel had told investigators they remembered Fleming.
Neither the receipt nor the police letter had been provided to Fleming’s initial defense lawyer, despite rules that generally require investigators to turn over possibly exculpatory material.
Patricia Fleming, 71, was with her son in Orlando at the time of the crime and testified at his trial.
“I knew he didn’t do it, because I was there,” she said. “When they gave my son 25 to life, I thought I would die in that courtroom.”
Still, she said, “I never did give up, because I knew he was innocent.”
Thompson took office in January, after unseating longtime District Attorney Charles “Joe” Hynes with a campaign that focused partly on questionable convictions on Hynes’ watch. Hynes had created a special conviction integrity unit to review false-conviction claims, but some saw the effort as slow-moving and defensive.
Thompson has agreed to dismiss the murder convictions of two men who spent more than 20 years in prison for a triple homicide. He also dropped his predecessor’s appeal challenging the 2013 release of another man who had served 22 years in prison on a questioned murder conviction.
On Tuesday, Jonathan Fleming left court with an arm around his mother’s shoulders and the process of rebuilding his life ahead of him.
Asked about his plans, he said: “I’m going to go eat dinner with my mother and my family, and I’m going to live the rest of my life.”
(Photo: Associated Press)