Legal Aid Society files motion to vacate murder conviction from 2006

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DOWNTOWN BROOKLYN -

The Legal Aid Society says it filed a motion to vacate a murder conviction of a Brooklyn man based on newly discovered evidence.

In 2006, James Davis was found guilty for the fatal shooting of Blake Harper at a party at the Brooklyn Masonic Temple. 

Davis' attorney says there was no physical or forensic evidence connecting him to the shooting, and that the case against him was based solely on eyewitness identification. They also say the case was not properly investigated the first time around.

The Legal Aid Society says that once it was assigned to the appeal, it found evidence that can prove that Davis is not guilty. It claims it found witnesses who say that Davis drank too much at the party, got sick and left before the shooting happened. 

The society filed the motion to vacate his conviction in Kings County Supreme Court and also served papers to the Brooklyn District Attorney's Office.

In addition, the society says two of the new witnesses had identified another man who was responsible for the shooting, one who looks like Davis. 

Davis’ attorney says this and other information shows that the original trial wasn't properly handled.

The society says it is calling on the district attorney's office to join them in their motion to vacate.

The district attorney's office told News 12 that "In Brooklyn, we take claims of wrongful convictions very seriously and have overturned 24 convictions to date. We also spent months investigating this case and interviewed many of the witnesses referenced in the defense motion as well as other witnesses. We will continue to investigate the claims made in the motion and respond to it in court."

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