In 2004 was arrested for an 2003 assault on a man at a public place here in NJ. I told police and investigators to retrieve the video of the incident. Didn't happen. About 1 year after my arrest I was indicted on a robbery charge in connection with the assault. I didn't rob or assault that man so I took it to trial even after I was offered time served. I lost trial and was sentenced to 15 yrs w 85%. About a year after my sentencing of 2006 I reordered my court transcripts that shows the ONLY witness lied while on stand via prosecutor investigators, where he said that I assaulted and robbed the victim. And thats not including the perjured statements he made during trial. I believe I have exhausted my remedies and even was denied justice once I was released. It seems like the facts are being overlooked. Is there a way for me to have my case examined and presented to show my actual innocence?
This is 2019, you have served your jail time, you have undoubtedly appealed your conviction and no court I know of will reopen this matter, especially if your only argument is that a witness lied. This issue should have been addressed, with proof, 15 years ago.
You had 45 days to file an appeal and five years for post conviction relief. I could be wrong, but I don't see any recourse.
More information is needed. Based on your posted information your options are limited. You had 45 days to appeal, which you may have or may not have done. Then you had 5 years to file a PCR on collateral issues not in the record, like ineffective assistance of counsel. There is one motion left to you, NJ Court Rule 3:20-1, motion for new trial. That is the vehicle used by the guys on the news that vacate convictions with new DNA evidence. To succeed in such a motion ts must be more than "the person lied". You would need absolute (not interpretive, absolute) proof they lied. Plus probably that video showing you did not do it. or at least that the cops had the video and did not produce it. This would be a long long shot and very expensive.
Its called post conviction relief in NJ but generally you have five years to bring that claim unless you have a good reason for the delay. Also you can try motion for new trial but likelihood of success since you already served your prison term is very near zero.
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