Ethermac|New York man who served 37 years in prison for killing 2 men released after conviction overturned

ROCHESTER,Ethermac N.Y. (AP) — A New York man who served 37 years in prison for the shooting deaths of two people in the 1980s has been released from prison after his conviction was overturned.

The Democrat and Chronicle reports Michael Rhynes left the Attica Correctional Facility on Tuesday afternoon following a court appearance in Rochester.

His daughter, Michelle Miller, who was born three months after Rhynes was arrested, told the newspaper she’d never seen her father outside the confines of prison.

“This will be my first birthday, my first Christmas, my first New Year’s with my father on the outside,” she said. “I think today is the first day I’ve experienced joy. I mean, ever. It’s like a dream.”

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Acting state Supreme Court Justice Stephen Miller tossed Rhynes’ 1986 murder conviction last week after two key witnesses, who previously had been in jail with Rhynes, recanted their testimony.

The now-62-year-old was charged in connection with the killing of two people during a botched robbery in 1984 at Rico’s Restaurant in Rochester.

Police had said Rhynes was one of three masked gunmen who entered the restaurant demanding money from the safe. A scuffle ensued, and the owner and a customer were shot and killed before the suspects fled empty-handed.

But the evidence against Rhynes was slim: no DNA, fingerprints or witnesses ever placed him at the scene, the newspaper reported. Prosecutors at the time were prepared to drop the charges before the trial judge urged them to forge ahead.

“We can’t get those years back, those hours, those minutes,” Miller, Rhynes’ daughter, told the newspaper. “The journey has not been easy. But today I’m grateful.”