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Indictment against 2 members of the 'Buffalo 5' dismissed

The men spent decades in prison convicted of killing an elderly white man in 1976.

BUFFALO, N.Y. — Two members of the so-called Buffalo 5 were back in court hoping to be exonerated of murder convictions dating back nearly 44 years.

And a judge did just that. 

State Supreme Court Judge Christopher J. Burns dismissed the indictment against John Walker, Jr. and Darryl Boyd. 

The men spent decades in prison convicted of killing an elderly white man in 1976.

They said they were falsely accused, wrongly arrested, indicted, convicted, incarcerated, and subjected to parole conditions.

But last month, those convictions were vacated and the Erie County District Attorney said he would not ask for another trial.

"There's no way I can try this case again. It's logistically and feasibly impossible, even if I wanted to," John Flynn said in August. "It's impractical for me to have a new trial. That can't happen. Half my witnesses are dead, we can't find the files."

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