Atlanta man acquitted after 7 years in pre-trial detention.
An Atlanta Man Found Not Guilty After 7 Years in Jail
An Atlanta man, Condell Benyard, has finally been acquitted of 26 charges related to a drive-by shooting that occurred in 2013. This verdict comes after he spent a grueling seven years in prison awaiting trial.
Benyard’s trial was delayed due to various factors, including the pandemic and a courthouse flood. However, justice prevailed as he was found not guilty late last week, as reported by Atlanta News First (ANF).
Co-Defendant Faces Continued Incarceration
Meanwhile, Maurice Jimmerson, Benyard’s co-defendant, has spent a staggering 10 years in jail for the same charges. Unfortunately, his trial resulted in a hung jury, meaning he will remain incarcerated while prosecutors prepare for a retrial. Jimmerson is currently held on $400,000 bail for charges that include felony murder, aggravated assault, possessing a gun during a felony, and street gang activity. Additionally, he faces another charge for destroying a toilet at the Dougherty County Jail, according to the Associated Press.
Andrew Fleischmann, Jimmerson’s attorney, expressed concern over his client’s prolonged detention, stating that it is the longest pre-trial incarceration in Georgia history and the second longest in U.S. history. Fleischmann emphasized the importance of upholding constitutional rights, such as the right to a speedy trial and due process. He believes that when these rights are denied, the public deserves to be informed, as reported by ANF.
Fleischmann argued for the dismissal of the charges, citing U.S. Supreme Court rulings that support the dismissal of cases when defendants do not receive a speedy trial.
Thin Evidence and Recanted Testimony
Aside from the lengthy pre-trial detentions, the evidence against both men is weak. Dougherty County District Attorney Gregory Edwards informed the jury that a witness initially claimed to have seen Jimmerson at the scene of the shooting. However, as Fleischmann countered, this witness later recanted his testimony and admitted to lying to investigators. The witness only came forward three years after the crime while serving time in prison, ANF reported. During his testimony, he confessed to lying in order to secure his release.
Fleischmann highlighted the lack of substantial evidence, stating, “No cell phone location, no DNA, no fingerprints, and only one eyewitness who recanted his testimony.”
Despite these challenges, Edwards intends to retry Jimmerson, hoping to present additional witnesses who can testify against him.
Fleischmann plans to appeal the case to the Georgia Supreme Court, arguing that his client’s Sixth Amendment right to a speedy trial was violated.
It is worth noting that two other men were found not guilty in 2013 for the same shooting, which resulted in the deaths of two individuals and multiple injuries, according to the AP.
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