The Exoneration Initiative reported yesterday that the Appellate Division in New York granted a new trial to Derrick Deacon based on post-conviction newly discovered evidence. Derrick has now served 23 years for a homicide he did not commit.
In reversing the hearing court’s denial of relief, the Appellate Division found the recantation of a key trial witness to be “credible and compelling,” despite the hearing court’s opinion to the contrary. It also considered a declaration against penal interest by the true killer. The decision, attached here, is significant for non-DNA litigants because it stresses the cumulative impact of multiple pieces of evidence of innocence.
An article about the case from last week is available here….
