A man who has spent nearly four decades behind bars on a murder conviction has been released from prison after a judge ordered a new trial earlier this month.
We don’t just report the initial story—we follow through to its conclusion. Read and watch our previous reporting on this story below.
Dwayne Brooks, 57, had been in prison for 35 years for an Aug. 17, 1987 shooting that left Clinton Arnold dead and two others injured.
A jury convicted Brooks of aggravated murder and other charges. He was sentenced to 25 years-to-life in prison.
But recently-discovered police reports raised questions about the prosecution’s case.
Brooks has maintained that he had nothing to do with the deadly attack. He says he was in New York when the shooting happened. Years of appeals went nowhere.
For decades, Brook's mother, Geraldine Jackson, wondered if the day he was released would ever come.
"It’s been a long time coming. It’s been rough. But I thank God we got him and he’s free at least. He’s free," Jackson said.
The reports contained information that a witness put two other men in the van used in the deadly shooting and revealed that a former high school friend who testified that Brooks was the triggerman was himself under FBI investigation.
Cuyahoga County Judge William McGinty granted Brooks a new trial after finding prosecutors withheld information from defense attorneys that denied Brooks a fair trial.
You can watch more about the judge's order for a new trial in the player below:
RELATED:Judge orders new trial for man convicted of 1987 Cleveland murder
The attorney who represented Brooks at trial testified during a November court hearing that he never saw the reports, and the lead prosecutor in the case testified that at the time of the 1988 trial, it was the prosecutor’s policy not to share copies of those reports with defense lawyers.
In his ruling, McGinty found while the state did not disclose the information to defense attorneys, the judge did not find that prosecutors acted in bad faith.
Brooks was transferred from prison to the Cuyahoga County Jail last week where he has remained until his family posted bail for his release.
"I knew this conviction couldn't stand. I didn't know it was going to take this long though. Man, I thought it would be overturned in a year," Brooks said.
Instead, it was 35 years. Time his daughter Denae said she can't get back. She was 4 years old when her dad was arrested.
"They didn't give him a chance to be a dad to us. They don't know how many father/daughter dances I've been to without him," she said.
Danae has been fighting cancer for the last year, unable to be with her father.
"This is unreal. This is overwhelming, and we've got a lot of lost time to make up for," she said.
Cuyahoga County Prosecutor Michael O’Malley said his office is reviewing the judge’s decision. It’s unclear at this time if prosecutors will retry Brooks.
As for the possibility of facing trial again, Brooks said he wants the chance at what he says he didn't the first time: A fair trial in the courtroom.
"I knew some people would rather believe a lie than accept the truth, but I didn't do it," he said. "I told everyone from day one that I didn't do it and here we are, finally, 35 years later."
As for Brooks, the judge ruled he could return to New York where he'll live with his family. He'll also be under house arrest with GPS monitoring while he's out on bail.
RELATED:
- Awaiting decision on new trial, Dwayne Brooks maintains his innocence from prison
- Did former prosecutor’s policy land innocent people in prison?
- Man convicted of 1987 murder fights for new trial after discovery of recently-uncovered police reports
Editor's note: A previous version of this story incorrectly listed the year Brooks was convicted.
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