New York Man's Life-Long Sentence Vacated After Prosecutors Failed to Disclose Key Evidence in 1995 Double Murder Trial
In a stunning reversal, a state judge on Friday vacated the life-long sentence of Allen Porter, a Queens man who spent over three decades behind bars for his alleged role in a Woodside Houses double murder. The decision comes after a remarkable friendship between Porter and investigator Jabbar Collins blossomed while both were incarcerated at Green Haven Correctional Facility. Collins, who was exonerated of his own wrongful conviction in 2010, has been instrumental in Porter's fight for justice.
Prosecutors had withheld key evidence from Porter's trial, including the testimony of a witness who identified another suspect as the gunman and the names of five witnesses that were never shared with the defense. Judge Michelle Johnson wrote that the amount of undisclosed evidence was "substantial and alarming" and that prosecutors' attempts to justify it were "shameful."
The reversal marks the latest blemish on the legacy of late Queens DA Richard Brown, who served from 1991 to 2019. Over the past decade, a series of murder convictions have been overturned due to his office's failure to turn over exculpatory evidence and other improper actions, costing taxpayers tens of millions in lawsuit settlements.
According to Porter's lawyers, including Karen Newirth, the case confirms that business was done under Brown in a way that was not an anomaly. "This is how it was done under Brown, that this was not an anomaly," Newirth said. "Allen Porter's case confirms everything that has come out in other cases."
The volume of undisclosed evidence was so great that Porter's original trial lawyer had to sign five sworn statements confirming he hadn't previously seen newly disclosed notes and documents. The lone eyewitness who identified Porter as the shooter, Jacqueline Aviles, also recanted her testimony in 2021, saying she had been coerced by detectives.
In a remarkable turn of events, Collins promised Porter that if he were exonerated, "he would not forget him." When Collins won his release for his own wrongful conviction in Brooklyn in 2010, he kept this promise. After Porter's case was turned over to the DA's office in 2018, Collins began working tirelessly to uncover the truth.
Judge Johnson's decision caps decades-long campaign by Porter and Collins to prove Porter's innocence. As Collins noted, "Allen Porter lost most of his life due to a conviction built on coercion, concealment, and constitutional violations." With his release, Porter is finally free after 33 years in prison.
In a stunning reversal, a state judge on Friday vacated the life-long sentence of Allen Porter, a Queens man who spent over three decades behind bars for his alleged role in a Woodside Houses double murder. The decision comes after a remarkable friendship between Porter and investigator Jabbar Collins blossomed while both were incarcerated at Green Haven Correctional Facility. Collins, who was exonerated of his own wrongful conviction in 2010, has been instrumental in Porter's fight for justice.
Prosecutors had withheld key evidence from Porter's trial, including the testimony of a witness who identified another suspect as the gunman and the names of five witnesses that were never shared with the defense. Judge Michelle Johnson wrote that the amount of undisclosed evidence was "substantial and alarming" and that prosecutors' attempts to justify it were "shameful."
The reversal marks the latest blemish on the legacy of late Queens DA Richard Brown, who served from 1991 to 2019. Over the past decade, a series of murder convictions have been overturned due to his office's failure to turn over exculpatory evidence and other improper actions, costing taxpayers tens of millions in lawsuit settlements.
According to Porter's lawyers, including Karen Newirth, the case confirms that business was done under Brown in a way that was not an anomaly. "This is how it was done under Brown, that this was not an anomaly," Newirth said. "Allen Porter's case confirms everything that has come out in other cases."
The volume of undisclosed evidence was so great that Porter's original trial lawyer had to sign five sworn statements confirming he hadn't previously seen newly disclosed notes and documents. The lone eyewitness who identified Porter as the shooter, Jacqueline Aviles, also recanted her testimony in 2021, saying she had been coerced by detectives.
In a remarkable turn of events, Collins promised Porter that if he were exonerated, "he would not forget him." When Collins won his release for his own wrongful conviction in Brooklyn in 2010, he kept this promise. After Porter's case was turned over to the DA's office in 2018, Collins began working tirelessly to uncover the truth.
Judge Johnson's decision caps decades-long campaign by Porter and Collins to prove Porter's innocence. As Collins noted, "Allen Porter lost most of his life due to a conviction built on coercion, concealment, and constitutional violations." With his release, Porter is finally free after 33 years in prison.