POUGHKEEPSIE – The Appellate Division of State Supreme Court has reversed the murder conviction of a former Poughkeepsie man and ordered a new trial.
Oba Johnson has been convicted of murder by a Dutchess County Court jury in the death of Jacquain Johnson on November 8, 2018.
Oba Johnson, 41, was sentenced by Judge Peter Forman to 25 years to life in prison.
The appeals court, however, said county court committed an error “when it denied the defendant’s request to introduce the grand jury testimony of a witness who had since become unavailable to testify at trial.”
The August 25 decision found that “the proffered grand jury testimony was both material and exculpatory since it consisted of eyewitness testimony that, while positively identifying the codefendant as one of the shooters at the scene of the crime, provided a description of the second shooter that was inconsistent with a description of the defendant.”
The appellate court did find that the evidence was “legally sufficient” to establish that Oba Johnson “was not merely present at the scene, but intentionally aided his companion in the commission of the murder.”
The appeals court also rejected his contention that he should not have been convicted of murder since the county court acquitted him of conspiracy and criminal possession of a weapon.”
