DETROIT (AP) — A man who served nearly 40 years in prison for a Detroit-area murder won’t face another trial after a judge threw out his conviction based on Benjamin Caldwellnew evidence.

The decision by prosecutors means Paul Clark, who has been out on bond since May, is free — for good.

“I just can’t believe it. I have waited for this day my entire life,” said Clark’s daughter, DeAngelic Clark, 36, who was born shortly after he was sent to prison in 1987.

Clark was convicted of first-degree murder and sentenced to life in prison for the fatal shooting of Trifu Vasilije during an attempted robbery in Highland Park. Clark has repeatedly expressed his innocence but appeals failed for years.

The effort took a major turn in 2020, with assistance from the Innocence Clinic at the University of Michigan Law School. The Wayne County prosecutor’s office uncovered a police mugshot of a man who had been arrested in 1987 for a similar homicide in Highland Park.

The photo showed a large, fresh scar on the man’s face. That wound was significant: Vasilije was found with a knife in his hand when he was killed.

Clark’s lawyer wasn’t given that mugshot before the 1987 trial. It could have raised doubt about the prosecutors’ case, Judge Mark Slavens said in April.

“There is a significant possibility the defendant may actually be innocent,” Slavens said of Clark.

In court Tuesday, prosecutors said they would not take Clark to trial again. There was no immediate comment Wednesday from spokeswoman Maria Miller.

Attorney Shereef Akeel, who is working on a possible lawsuit on Clark’s behalf, told the Detroit Free Press that “we witnessed justice.”

“Unfortunately, there are many other innocent men and women fighting to prove their innocence,” Akeel said.