Suffolk County District Attorney Kevin Hayden,

We strongly urge you to vacate David Yarde’s clearly wrongful conviction of 2014.

Five scientific reports obtained after the trial find that David could not and was not the assailant on that tragic night in 2012 that prompted his consequent wrongful conviction in 2014. Since his conviction, his team has generate video clips and still photos proving that the DA Office's surveillance video was misrepresented to the defense and jury; and has obtained 4 expert reports of scientific proof of his innocence: a Crime Scene Reconstructionist Expert Report; two forensic Reports; a Videographer Report 

Additionally, in a 2019 hearing, Suffolk County Assistant District Attorney Dara Kesslehiem said she didn't know why David was trying to fight his conviction, because the evidence showed he was guilty. However, she switched her position in 2021, after David’s defense team presented the new Crime Scene Reconstructionist Expert’s Report, which concluded that it was impossible for him to have committed the shooting to a scientific certainty. Yet, rather than vacate the conviction or support a retrial, based on this, 2 eye witness testimonies, and finding matching bullets in the room of another young man there who was standing at the angle of the fatal shot; she simply put in writing that David “has legitimate claims and were he to take the correct mechanisms and go to the appeals court, I wouldn't oppose it.“ 

However, as it is David’s right to seek a Rule 30 (Appeal); it is undeniably the prospector’s duty to seek justice and not uphold a wrongful conviction, according to the Sic Rule 3.8(j):

 ''Special responsibilities of prosecutors are to seek to remedy any injustice when there is clear and convincing evidence that proves that a defendant did not commit a crime that he/she was convicted of. ''

Irregardless, David lost his Rule 30 in 2021, even though David’s defense team presented significantly more than ample scientific evidence proving that he could not have possibly have been the culprit from where he was standing, not even having a gun in his possession, and having an eye witness declaring that it was another young man to the side of the victim. Alarmingly, the judge still did not have the courage to go against the previously flawed ruling and exonerate him or even give him a retrial to present all these scientific reports and eyewitness testimonies in front of a jury. And even more unfortunate for David and his fiance and children, filing another appeal with a higher court, can be a long, drawn-out process, which is a cruel wait being that he and his family have been apart for the past 9 1/2 years.

Yet, this does not have to be a long drawn out process, because you, Suffolk County District Attorney Kevin Hayden, have the power to immediately move to vacate his clearly wrongful conviction, which would remedying this clear injustice.  

From David, currently in MCI Concord: 

“I have a son who’s going to turn 13-years-old this October, and I've barely had a chance to watch him grow or be a father to him. I have my family and loved ones who have been here supporting me throughout the entire exhausting process, which they shouldn't have had to. I want to end any more suffering for me and my loved ones, especially since the evidence speaks for itself. With all of this said, my family and I need support from you, Mr. Hayden, from our community and from those who believe in justice. I respectfully ask you to help end my suffering and set me free .... "

SINCERELY INNOCENT 

DAVID YARDE   

(AND CONCERNED CITIZENS WHO BELIEVE IN JUSTICE)