Judge in the courtroom. Male judge striking the gavel.

Brooklyn da to vacate conviction after 16 years due to unseen video evidence — Judge in the courtroom. Male judge striking the gavel.

BROOKLYN, NY—Brooklyn District Attorney Eric Gonzalez announced today his decision to vacate the conviction of Arvel Marshall, 52, who has served 16 years for a 2008 murder in Crown Heights. This decision comes after a reinvestigation by the Conviction Review Unit (CRU) revealed significant judicial missteps, including critical surveillance video evidence that was not disclosed to the defense.

Marshall, who was convicted of the homicide of Moustapha Oumaria and sentenced to 25-years-to-life, was identified by witnesses at the scene. However, throughout his trial, Marshall maintained his innocence and requested to view the surveillance tape that allegedly captured the scene shortly before and after the murder. The tape was neither shown in court due to technical issues nor was it properly reviewed by law enforcement or the prosecution.

The CRU’s findings indicated that the defense lawyer failed to adequately represent Marshall, and the judge did not maintain neutrality, further complicating the fairness of the trial. The undisclosed video, which was finally reviewed by the CRU, shows a young man matching the description of the shooter, contradicting the identification of Marshall, who was 36 at the time of the shooting.

DA Gonzalez emphasized that this case highlights the systemic failures within the judicial process, stating, “Our duty is to rectify such wrongs and ensure justice is served based on full and fair disclosure.” Marshall is scheduled to appear before Brooklyn Supreme Court Justice Matthew D’Emic today at 320 Jay Street to formally vacate the conviction.

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