McEldrew Purtell Files PCRA Petition Seeking Release of Michael Gaynor in 1988 Marcus Yates Case
McEldrew Purtell has filed a petition under Pennsylvaniaâs Post-Conviction Relief Act (PCRA) seeking the release of Michael Gaynor, who has been incarcerated since his 1988 conviction in the tragic shooting death of 5-year-old Marcus Yates. The petition contends that crucial evidence pointing to another suspect was withheld, witnesses were improperly influenced, and no physical evidence tied Mr. Gaynor to the crime. These allegations were reported by The Philadelphia Inquirer.
Why We Filed
On October 15, 2025, our team submitted a PCRA petition asserting that police and prosecutors failed to disclose records that could have identified an alternative suspect known as âHarbor,â later determined to be Paul (Peter) Jacobs, and that this information was not provided to the defense. The petition argues that the suppression of such evidence undermines confidence in the original verdict.
Case Background
Marcus Yates was killed during a shootout inside a Southwest Philadelphia corner store on July 18, 1988. Mr. Gaynor and a co-defendant were later convicted of first-degree murder. According to contemporaneous and newly examined records, there was no forensic or physical evidence linking Mr. Gaynor to the shooting; the original case relied heavily on eyewitness testimony from traumatized children, some of whom later described pressure to identify Mr. Gaynor.
New Evidence and Allegations
The petition cites previously undisclosed documents and investigative leads related to the alternate suspect, as well as historical misconduct allegations tied to investigators associated with multiple cases from the era. It further states that had these materials been disclosed, there is a reasonable probability of a different outcome at trial.
Independent Review by the District Attorneyâs Office
The Philadelphia District Attorneyâs Office Conviction Integrity Unit (CIU) has been reviewing this case since late 2024 and is expected to respond to the filing. Since 2018, the DAâs Office reports dozens of overturned convictions, many involving issues raised in this petition, including withheld exculpatory evidence and coerced statements.
Our Commitment
McEldrew Purtellâs role in this matter reflects our firmâs core principles: follow the evidence, respect the legal process, and center the needs of the people and families affected. We also acknowledge the enduring strength and compassion of the Yates family, who have sought truth and accountability for decades.
Whatâs Next
- The court will consider the PCRA petition and subsequent filings.
- The CIU is expected to submit a brief responding to the allegations.
- We will share updates as the legal process moves forward.
Media Attribution
Select details above are drawn from The Philadelphia Inquirerâs Oct. 22, 2025 coverage of this filing.
Contact
For media inquiries, please contact:
McEldrew Purtell â Press & Communications
Email: ma*******@*************ll.com | Phone: (215) 545-8800
Disclaimer: Court filings and petitions are allegations and requests for relief. Outcomes are determined by the court after review of the evidence and applicable law.
Related article: Prosecutors hid evidence in 1988 murder case that sent Michael Gaynor to prison, lawyers say
