BROOKLYN - A Brooklyn man serving life without parole is hoping a judge will soon let him walk away a free man.
Wayne Martin stood in Brooklyn Supreme Court today where a judge vacated his murder conviction at the request of the Brooklyn District Attorney's Office.
Martin has already served eight years of a life without parole sentence after he was convicted in 2010 for a double homicide at a Brownsville tire store.
The DA's Conviction Review Unit recently found that Martin’s due process rights were violated, and important information that could have changed the jury's verdict never came out.
Martin’s lawyers say an eyewitness identified a different man than Martin as the shooter, and says information was purposely withheld from the jury that could have led to a dismissal of the case.
Martin is scheduled be back in court in two weeks. While his murder conviction was vacated, the indictment still stands, which means he can be retried.
The judge is giving the DA's office this time to investigate and decide whether or not to dismiss the charges.