Chicago man convicted of murder and sentenced to prison for 76 years to get new trial after key eyewitness turned out to be BLIND

A Chicago man convicted of murder and sentenced to 76 years in prison has had his conviction overturned and his case will be retried after a key witness was found legally blind.

Darien Harris was an 18-year-old high school student when he was charged with murder following a shooting at a South Side gas station in June 2011.

The ambush shooting left one person dead and another seriously injured.

Harris, now 30, has always maintained his innocence, saying he was at home watching LeBron James play in the NBA Finals between the Miami Heat and the Dallas Mavericks at the time of the shooting.

Dexter Saffold, a bystander at the time of the shooting, identified Harris as the shooter.

It has now emerged that the key witness was registered as legally blind due to his glaucoma, which was not disclosed during the trial.

Harris’ attorney, Lauren Myersko-Mueller, said in court papers that Harris was wrongfully convicted based on flawed eyewitness testimony and without physical evidence linking him to the crime.

On Tuesday, Cook County Judge Diane Kenworthy overturned Harris’ conviction and sentence, simply saying, “So we’re going to start over.”

Harris will be retried on charges of first-degree murder, attempted first-degree murder and aggravated battery with a firearm.

The judge, citing the seriousness of the charges, refused to release Harris while he awaits a new trial.

Shackled at his ankles and dressed in blue prison clothes, Harris did not speak during the short court hearing.

He waved to his wife, mother and uncle sitting in the courtroom gallery before he was led back to jail.

Nakesha Harris, Darien’s mother, told reporters after the hearing that she hoped her son would be released without a retrial.

“They are wasting taxpayers’ hard-earned money,” she said.

“We are re-examining the case without any physical evidence (or) DNA. All the witnesses recanted (and) changed their testimony, and the judge based his verdict on the testimony of the blind man.”

The defendant’s wife, Jessica Harris, told reporters: “I thought I would take him home for the holidays, so in some ways it’s disappointing to see him retried.”

“But I will remain positive that he will be coming home soon.”

Rondell Moore, 23, stopped at the BP gas station in Woodlawn due to vehicle trouble after 8:00 p.m. on June 7, 2011.

Moore was assisted by a local mechanic, who arrived at the station on his bicycle shortly afterwards.

Moore was shot three times and died in a nearby parking lot while trying to escape.

The 51-year-old mechanic survived being shot in the back and arm.

The station’s surveillance system did not record the shooting, but prosecutors said the video did show a man walking from a black Lexus around the gas station building to the area where the shooting occurred and then running away shortly after.

The video showed a man with a thin build and short hairstyle that generally matched Harris, but the suspect’s face was not visible.

Days after the shooting, Harris was arrested after witness Dexter Saffold said he witnessed the shooting while returning home from a fast food restaurant.

Saffold selected Harris from the police lineup and also identified him in court during his trial.

Cook County Judge Nicholas Ford said he based his decision primarily on Saffold’s testimony.

Prosecutors have vowed to pursue another trial and say they have credible evidence from other eyewitnesses pointing to Harris’ guilt.

Majersko-Mueller argued that police misconduct played a role in these identifications.

Harris is due back in court on Dec. 19, when a trial date could be set.