Richard Rosario has spent two decades behind bars, insisting for every one of those years that 13 alibi witnesses could prove he was innocent of a 1996 New York City murder, NBC News reported.
On Tuesday, the Bronx District Attorney's Office told NBC News it intends to ask a judge to throw out Rosario's conviction.
In a statement, a spokeswoman for Bronx District Attorney Darcel D. Clark confirmed that the DA will move to vacate the conviction and ask that Rosario be released from prison "after a review by her office determined that he did not receive a fair trial."
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But, the statement added, "The charges against Mr. Rosario remain open pending further investigation."
The news comes just two days before the launch of "Conviction," a streaming documentary series produced by Dateline NBC that is set to be released on NBCNews.com on Thursday. It documents a producer's two-year investigation into the long and twisted history of Rosario's case.