DA will not seek 2nd homicide trial for Brownsville man

A Brownsville man walked free Wednesday when prosecutors declined to seek a new trial against him after his original conviction was overturned.

A Brownsville man walked free Wednesday after prosecutors declined to seek a new trial against him after his original conviction was overturned.

A Brownsville man walked free Wednesday after prosecutors declined to seek a new trial against him after his original conviction was overturned. (9/7/16)

BROOKLYN - A Brownsville man walked free Wednesday when prosecutors declined to seek a new trial against him after his original conviction was overturned.

"I'm back," Wayne Martin said after a brief court appearance that led to his freedom. "I'm free. They know I didn't do this crime."

Martin served nine years toward a sentence of life without the possibility of parole for a 2005 double homicide at a tire store in Brownsville. 

The district attorney's Conviction Review Unit revealed in July that testimony that could have cleared Martin was intentionally withheld from the defense, and prosecutors followed up Wednesday by dismissing the indictment and ending the case against him.

"A lack of reliable evidence, compounded by the utter failure to disclose exculpatory evidence at the original trial, would make it impossible to retry this case," Brooklyn District Attorney Ken Thompson said in a statement.

He says he plans to focus now on his family.

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