On Friday Court of Appeal ordered a new trial for Emmerson Eagan, accused of the murder of Dennis “Colored” Nembhard in June of 2009, and convicted in April of 2012. Dennis Nembhard was shot in the lower back while walking on Oleander Street toward his home on Nutmeg Street.
At trial the prosecution depended on the statement of Shelmadine Sanchez, 35, who was killed a year after Mr Nembhard in August of 2010. The statement was admitted as evidence and Emmerson Eagan, who testified that he was playing basketball behind the Police Station on Mahogany Street, was not able to overturn it. The Court of Appeal however ruled that Justice Lucas misdirected the jury in relation to how to treat Sanchez’s deposition. Mr Eagan was represented by Senior Counsel Simeon Sampson and Director of Public Prosecutions Cheryl-Lyn Vidal appeared on behalf of that office.