LOS ANGELES -- A former gang member imprisoned for 19 years for a murder he didn't commit has been exonerated and set free.
Edward Smith, wearing glasses and a tan striped polo shirt, walked out
of a Los Angeles County jail on Monday night and was greeted by a host
of TV cameras.
"I had good days and bad days, I
stayed hopeful and that's all I could do," the 37-year-old said outside
the downtown jail. "I'm not bitter at all, because that ain't going to
get me nowhere. I've got to move on."
said he was looking forward to "going home and seeing my grandmother,"
79-year-old Laura Neal, who raised him. Family members drove him to her
house, which she had mortgaged to pay for his initial defense, said
Smith's lawyer, Deirdre O'Connor.
the day, Neal used a walker to attend the hearing where a judge vacated
Smith's convictions for murder and attempted murder in a gang-related
drive-by shooting. She wept when Superior Court Judge Patricia Schnegg
announced her decision.
Neal had waited anxiously for the hearing, which was delayed from Friday.
"It was hell," Neal said. "Friday was a big disappointment."
told the judge they were convinced that the lone eyewitness to the 1993
shooting had lied at Smith's trial, naming him as the gunman. Smith
maintained he was at his grandmother's house when the shooting occurred
several blocks away.
After Schnegg announced
her decision, the courtroom erupted in applause, cheers and shouts of
"We love you" as Smith smiled broadly. The judge thanked the crowd for
their "enthusiasm" and the lawyers for both sides for "the opportunity
to do justice."
Adding to the Hollywood-style
courtroom drama, those applauding for Smith included pop star Chris
Brown, who was in the same courtroom for his probation hearing involving
the 2009 beating of his then-girlfriend Rihanna. Outside court,
O'Connor said Brown shook her hand and congratulated her.
always knew he didn't do it," Neal told reporters after court. "I'm
happy and sad. But the part of me that was in there with him -- I'm
free now too."
Smith was 18 when he went to
prison. He told authorities he was at his grandmother's house with
family when the shooting took place on Sept. 9, 1993, in a gang-infested
He said he knew nothing about the crime until his mother called to tell him about it.
only eyewitness -- a victim who was shot and survived -- said police
pressured him to identify Smith as the shooter. Prosecutors told the
judge they now believe he lied, and Schnegg found the conviction was
based on perjured testimony.
Smith's exoneration was pursued by Innocence Matters, a public interest law firm in Torrance.
eyewitness, Landu Mvuemba, met with Innocence Matters representatives
in 2010 and immediately blurted out that he had lied at the trial, said
O'Connor, who heads the group.
"Within the first two minutes of the interview, Mvuemba recanted," O'Connor said. Mvuemba was 16 at the time of the shooting.
He told representatives of Innocence Matters, "The police told me they knew who did it," a defense motion stated.
said Smith wept when she called him with the news about Mvuemba. "He
said, 'Why did he do it? Why did he lie?'" O'Connor recalled.
said police pointed to Smith, whom he had known in elementary school,
and told him other witnesses had identified Smith as the shooter.
Mvuemba said he also was shown a photo of his friend DeAnthony Williams,
who died in the shooting.
"I felt a lot of pressure to go along with it," Mvuemba said.
two victims had been on the street examining the scene of another
shooting the night before when a car pulled up and someone opened fire.
Mvuemba said he tried three times to tell authorities that he didn't see enough to testify, but his pleas were ignored.
knew it was wrong to identify Mr. Smith as the man who shot him,"
according to the defense motion. "But when he saw his deceased friend's
crying mother in the courtroom, he felt as if he had no other choice."
Mvuemba is currently imprisoned on a rape conviction.
said she held many meetings with the defense and prosecution in the
year since the recanting was disclosed. The judge said they lacked
sufficient information to declare Smith factually innocent, but she
vacated his convictions for murder and attempted murder, and ordered him
O'Connor said Smith's trial was
undermined by ineffective assistance of attorneys who failed to
investigate the case properly at trial and on appeal.
Smith's sister, Tiana Goodman, 25, said he would be meeting nieces and nephews who were born while he was in prison.
"This is a big day for our family," she said, tears running down her cheeks. "He kept his faith and never gave up."