Evidence leads to man who spent 30 years in jail released; new trial set

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He spent decades in prison for a disgusting crime -- he swears he didn't commit.

Now a Wayne County man is free but still facing a re-trial despite what his attorney calls overwhelming proof of his innocence.

"I think it should be over with because they said I was innocent," said Bernard Young. "I haven't done anything to anyone."

But Bernard Young is set to be re-tried for crimes he and his alleged victims insist he did not commit. His lawyer is fighting to keep that from happening.

Young served nearly 30 years in prison after a jury convicted him of sexually assaulting two young boys in 1989.

They later recanted their claims telling police it was their mother's boyfriend who assaulted them. That however was never disclosed to Young.

"When they proceeded to trial the only statement they were aware of was the one that pointed the finger at Mr. Young," said his attorney Solomon Radner.

Young was released from prison in February after a Wayne County judge vacated his 60 to 100 year sentence and granted him a new trial. Young’s two alleged victims signed an affidavit saying he was innocent.

His lawyer, Solomon Radner, is appealing to the court of appeals to have the new trial thrown out so young can get on with his life.

"It's an open and shut case right now," Radner said. "What Ms. Worthy is hoping is for is that the court of appeals throws him back in prison on a technicality."

Namely, there was no new information in the motions filed to prove young's innocence. Something Radner denies.

"The affidavits we had were in 2013 which was obviously years after Mr. Young's motion was filed, the previous motion," Radner said. "And three years before we filed ours. And the statement we obtained from police, we didn't have until August of 2016.  

"So the affidavits and the testimony of the boys and the written statement from May of 1989 were all brand new from after the time Mr. Young filed his initial motion."

The Wayne County Prosecutor's office released a statement saying:

"This case is currently in litigation as the trial court's grant of a new trial is being appealed.  The Wayne County Prosecutor's Office will argue the case in the appropriate venue.  A comment outside of court would be inappropriate at this time."

Radner questioned Worthy's position on the case.

"What I find particularly strange about this is that Ms. Worthy was a child when this happened," he said. "She's defending the actions of prosecutors she didn't know and had no reason to know and still she's hell-bent on putting this man back in prison - for absolutely no reason."

Young's new trial is set for June 5th.