LAS VEGAS (KXNT) – After more than two decades behind bars, a man is set free after the District Attorney’s Office Conviction Review Unit looked at his case again.
The Clark County District Attorney’s office announces that the newly created Conviction Review Unit (CRU) has completed its review and investigation of the 1995 conviction of DeMarlo Berry. As a result, Berry will be released from prison after serving 22 years.
“My goal in creating the CRU was to provide a way for certain cases to be reviewed independently and evaluated on a variety of factors, including new evidence,” said Clark County District Attorney Steve Wolfson. “In this case, a confession by Mr. Jackson, and verification of that and other information by our CRU, resulted in our decision to no longer oppose Mr. Berry’s request for conviction relief. The end result is Mr. Berry will be released from prison after over two decades behind bars,” Wolfson said.
Barry was convicted of the 1994 murder of Charles Burkes, fast food restaurant manager in Las Vegas. At that time, he claimed that another person, Steven Jackson, committed the crime. In 2013, while in prison for a 1996 murder conviction, Steven Jackson provided a written affidavit taking responsibility for Charles Burkes’ death. In 2016, members of the CRU did an independent and comprehensive investigation of this case. This included an interview of Mr. Jackson, at which time he confirmed what was in his affidavit and provided additional information about the crime scene that would not have been known by someone who was not there at the time of the the murder. The investigation also determined there had been no contact between Mr. Berry and Mr. Jackson since Mr. Berry’s conviction.
This is the first case reviewed by the CRU that has resulted in a person’s release from prison.
“I’m honored to lead the Clark County District Attorney’s CRU, and to do my part to provide a thorough and independent review of cases presented to our team,” said Chief Deputy District Attorney Dan Silverstein. “Not all cases submited to the CRU meet the established criteria, but this one did. Our duty is to ensure that justice is being done,” Silverstein said.