Brooklyn District Attorney Eric Gonzalez announced the need to overturn the conviction of Brian Kendall, who spent nearly 16 years in prison for a 1988 murder he did not commit. The Conviction Review Unit's investigation indicated that Kendall's claims of chasing the actual killer were likely true, supported by police reports and audio evidence. Kendall had pleaded guilty to first-degree manslaughter to receive a reduced sentence. Despite his admission of guilt during parole hearings, the evidence suggests he is likely innocent, according to Gonzalez's statement.
The re-investigation found that what Kendall has claimed - that he and a group of friends chased down the actual killer of Flatbush game hall employee Raphael Reyes - was likely true.
Police reports and audio recordings supported the defendant's claim that another man was the shooter, corroborated by friends, the deceased's brother, and contemporaneous police dispatches.
Kendall pleaded guilty to first-degree manslaughter in exchange for a sentence of 8 1/3 to 25 years in prison and was released in 2004.
The fact that Kendall pleaded guilty and took responsibility during parole hearings is understandable under the circumstances and does not contravene the conclusion that he is likely innocent.
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