A legislative panel will consider a partial payment later this …
Posted: 08/18/2010
CLEVELAND - Forensic tests revealed no link to a Cleveland man who was freed from prison following an exclusive 5 On Your Side investigation.
Darrell Houston was convicted in 1992 for the murder of convenience store clerk. He served 16 years in prison until an exclusive 5 On Your Side investigation won Houston a new trial.
Testing done a piece of clothing worn by Houston the night of the murder showed no gunshot residue, blood or DNA matching Houston.
No fingerprints were found at the scene matching Houston as well. And an eyewitness identification was called into question.
Former Cleveland detective William Cunningham admitted under cross examination that the only eyewitness in the case told him the real killer had a black mark on his face and was taller than Houston.
In earlier testimony, Cunningham said the eyewitness called him and told him that "Houston was the shooter in the homicide."
Defense attorney Rufus Sims followed up on Cunningham's testimony by reminding the jury that the eyewitness had "real problems" identifying who shot and killed a store clerk on Sept. 24, 1991.
"Isn't it true the actual shooter had black mark on his face and was taller," asked Sims.
Cunningham conceded that the eyewitness "wasn't sure."
Houston has always maintained that he was not at the store when the shooting happened.
In further testimony, Cunningham admitted that Houston's landlord told him that Houston was on his front porch at the time of the shooting.
In 2003, the first of a series of investigative reports raised serious questions about the case, including a lack of evidence tying Houston to the crime. In November 2007, Houston was freed from prison and granted a new trial after the case was reviewed by an Ohio appeals court.
On Tuesday, the jury was taken to the convenience store where the crime occurred in September 1991 to view the scene. Later, both defense and prosecutors presented their opening statements.
Keep checking newsnet5.com for more coverage of this trial.
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