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Emmerson Finally Free
posted (November 14, 2018)
He's been waiting for a murder re-trial for 5 years now, but tonight 27 year-old Emmerson Eaghan is free of the 2009 murder of 35 year-old Dennis "Colored" Nembhard.

Eaghan has had an interesting history with this case. Back in June 2009, Dennis Nembhard was gunned down and killed. His murder appeared to be a senseless killing, and it was preceded by an altercation between his 12-year-old nephew, and another 12 year-old boy. Reports were that when Nembhard went to inquire about the dispute, he was pursued by an assailant who fatally shot him in the back.

Police eventually charged Eaghan for Nembhard's killing, but in 2010, the charge against him was struck out for a lack of prosecution. Hours later, he was re-arrested, and in April of 2012, he was found guilty in a jury trial. His conviction was based solely on the strength of the written testimony of Shelmadine Sanchez, who was murdered in 2010. It was suspected that she was silenced as a witness in Eaghan's case.

He was sentenced to life imprisonment for it, but he appealed, and in November 2013, his attorney successfully convinced the panel of judges from the Appeal Court to overturn that conviction, and order a retrial. He spent most of the next 5 years in jail awaiting that re-trial until this year, when he got one of those rare Supreme Court bails for murder charges.

The retrial began a few days ago, but Crown Counsel Killeru Awich had to end the prosecution early, and enter a "nolle pros" against Eaghan. That's because they couldn't prove that Dennis Nembhard's mother, Elizabeth Sheran, had passed away. She was the witness who provided the court and the police with the evidence which formally identified Nembhard.

Now, it's a fact that he is dead, but, the prosecution needed to properly establish that in court. And since Elizabeth Sheran was the only one who could provide that evidence, the prosecution could not apply for her written statement to be admitted into evidence in this retrial.

So, that major hiccup forced Crown Counsel Awich to abruptly end the prosecution, and enter a "nolle pros" against Eaghan. So, Eaghan has gone from criminally charged, to freed, to being charged again, and then to being convicted and sentenced to life, and now, as of last night, he is a free man.





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