A deceptive photo lineup helped imprison a man for over 18 years for a fatal shooting he did not commit. The Brooklyn district attorney says he will ask for that conviction to be vacated.
Three alleged gang members, including Thomas, were charged with killing 14-year-old Anderson Bercy and wounding another person on Dec. 24, 2004, in East Flatbush. Two guns were used and the shooters were inside a white car. A witness initially identified two men she knew, who did not include Thomas, as being in the car.
The defendant denied any involvement in the homicide, but the same witness who identified the other Thomas in the array also identified defendant Thomas in a lineup -- effectively identifying two different people as the perpetrator, prosecutors said. Thomas was then indicted along with the two others.
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