From an email sent by Dave Moran:
The Michigan Innocence Clinic is thrilled to announce the exoneration and release today of our client, Marwin McHenry, who served more than four years for a shooting he did not commit.
Mr. McHenry’s conviction of assault with intent to murder and other charges arose from an incident that occurred in Detroit in July 2012 as two groups of young women (the Bohanens and the Woodwards) prepared to fight in the street. Just as the two groups approached each other, a man stepped out from a car and opened fire, wounding one of the Bohanens. The victim told the police that she believed the shooter was the brother of one of the Woodwards, but the police showed her instead a photo of Marwin McHenry, and she picked him as the shooter. Two other Bohanens also picked Mr. McHenry’s photo. There was no evidence against Mr. McHenry other than these eyewitness identifications.
At trial in 2013, the defense presented one of the Woodwards, who testified that her brother (Bosley) was the shooter, but Mr. McHenry was convicted and sentenced to 16-27 years. At a post-verdict motion for new trial, the defense presented Bosley’s mother and another sister, who also swore that Bosley was the shooter, but the judge found them not credible.
Finally, Bosley himself went to the Wayne County Prosecutor’s Office, spoke to an investigator, and swore under oath that he was the shooter. The prosecutor’s investigator interviewed other witnesses, including some on the other side of the Bohanen-Woodward feud, who confirmed that Bosley was the shooter and had repeatedly admitted the shooting to others. The prosecutor’s investigator also arranged for the key witnesses, including Mr. McHenry, to take polygraphs.
In light of all of this evidence, Kym Worthy, the Wayne County Prosecutor, agreed that Mr. McHenry’s conviction should be vacated and the charges dismissed. The judge signed the order this morning, and Mr. McHenry was released and picked up by his family about 1:00 p.m.
In addition to the prosecutor’s investigators, two of our students, Sarah Precup and Brooke Theodora (both of whom will graduate on Friday), did terrific work on this case speaking with witnesses, drafting pleadings, and counseling the client.
Dave Moran
Michigan Innocence Clinic
Wrongful Convictions Blog 