Man charged in assault cleared after video proves his innocence

Written By Unknown on Jumat, 05 Desember 2014 | 20.50

They didn't just use the scales of justice — they used a tape measure, too.

A Brooklyn man who faced 25 years in prison on charges of helping to beat a pregnant woman and kill her 7-month-old fetus was cleared after a surveillance video showed he's 6 inches taller than the real attacker.

Surveillance footage of the attack on Mia Jones.

"If it wasn't for that camera, I'd be going to jail for the rest of my life," Elijah Green said Thursday after Brooklyn prosecutors asked for his indictment to be dismissed.

Victim Mia Jones accused Green, 34, of holding her while her then-boyfriend, Torey Branch — the father of her child — pummeled her stomach to kill the unborn baby last March.

After seeing the surveillance video from the Crown Heights building where the horrific attack took place, Green's defense attorney ­realized his client is much taller than the thug seen on film.

Armed with that evidence, Green's lawyer convinced the DA's Office to do the right thing.

Mia Jones sits with the ashes of her unborn child after her boyfriend attacked her in an alleged effort to kill the baby.Photo: Stefan Jeremiah

"We had Elijah come in to be measured," said Brooklyn Assistant District Attorney Joanna Malikouzakis. "Elijah was measured to be 5-foot-11 without shoes and 6-foot-1 with Timberland boots on."

Prosecutors said their review of the video showed that the accomplice in the attack was just 5-foot-7.

The indictment will be amended to name Branch and an "unapprehended other."

Defense attorney Ken Montgomery said he hired a forensic video expert to examine the surveillance footage and determine that the true attacker was on the short side.

"All you have to do is look at this video and look at him. But the NYPD is so confident locking up people of color and letting the DA sort it out," said Montgomery.

Montgomery also said Jones failed to mention Green's distinctively deformed eye when she first fingered Branch. She named him only after she saw an ­Instagram post of Green standing next to Branch, who was a casual acquaintance, Montgomery said.

"I feel good. I knew I was innocent," said Green, who has been out on $30,000 bail since his April arrest.

Montgomery also said the detective who investigated the case was fired in May ­because he accidentally shot his partner in the hand after the pair allegedly downed multiple beers.


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