A mistrial has been declared for a man who has waited 10 years in jail for his day in court.
On Monday, a hung jury declared it was unable to reach a verdict in the trial of Maurice Jimmerson, the Georgia man who has been behind bars for 10 years while awaiting trial.
Jimmerson was remanded back to jail while he waits for a hearing next week about a possible reduction in bond. Because there was no verdict, Jimmerson could likely face an entire new trial.
Jimmerson’s co-defendant, Condell Benyard, who was incarcerated for seven years while awaiting trial. He was found not guilty of all 26 charges brought against him. Jimmerson also faced 26 charges.
Jimmerson’s attorney, Andrew Fleischman, said his client’s incarceration is the longest pretrial detention in Georgia history and the second longest in U.S. history. Fleischman is representing Jimmerson for free as a result of the coverage of the case from Atlanta News First Investigates.
Edwards told the jury there was a witness who told investigators he saw Jimmerson at the fatal shooting. “That information is enough beyond a reasonable doubt to find these defendants guilty,” he said.
But Fleischman reminded the jury that witness later recanted his story, admitting he lied. The district attorney’s main witness was a man who came forward three years after the crime serving time in prison. He claimed he saw the Jimmerson pull the trigger 10 years ago. But in court this week, he admitted he lied about Jimmerson to get out of prison.
“No cell phone location, no DNA, no fingerprints,” Fleischman said, “and only one eyewitness who recanted his testimony.”
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