Testimony underway in new trial for two Cleveland man who say they were wrongfully convicted

CLEVELAND, Ohio (WOIO) - Testimony now underway in a trial for two men who say they were wrongfully convicted of attempted murder.

15 years ago, Kenny Phillips and Michael Sutton were found guilty of a drive-by shooting that severely injured two people.

Last year, both men’s convictions we’re overturned by an appeals court.

This all because it was determined they didn’t receive a fair trial due to prosecutors failing to disclose evidence.

Fast forward to now and both men now have to go through a new trial.

Today, the brother of one of the victims who was in the car at the time of the shooting took the witness stand.

The victim’s brother described to the jury what car he saw when he looked out the window after the shooting.

“White top, and noted the body of the vehicle and how everything was very straight and sharp lines and wasn’t like a modern car,” he said.

Sutton and Phillips’ attorneys questioned the brother saying his testimony today doesn’t match his testimony from the trial in 2007.

The victim’s brother explained that he knew the details before but he thinks the court reporter back then didn’t put then.

More witnesses will take the stand in this trial then it will be up to jury once again to determine if Phillips and Sutton are guilty or not.

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