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Wrongly Convicted Database Record
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Charge: |
Murder and Attempted Murder |
Sentence: |
Life Imprisonment plus 3 years and a consecutive sentence of 29 years to life |
Years Imprisoned: |
19 |
Year Crime: |
1993 |
Year Convicted: |
1994 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
California |
County or Region of Crime: |
Los Angeles |
City of Crime: |
Los Angeles |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"John Edward Smith was wrongly convicted on November 2, 1994 of a murder and attempted murder in the fatal shooting of 16-year-old DeAnthony Williams and wounding of 16-year-old Landu Mvuemba while walking to school on September 9, 1993 in Los Angeles, California. Smith's prosecution was based on his identification by Mvuemba as the shooter. After his conviction by a jury John Smith was sentenced on May 23, 1995 to 29 years to life in prison. Fifteen years later Mvuemba recanted his trial testimony as false. He admitted when interviewed on July 30, 2010 by attorneys for Smith, that he did not see "anything about the people in the car" and he could not identify the shooter. On October 29, 2010 Smith filed a writ of habeas corpus seeking a new trial primarily based his conviction as based on false evidence. The Los Angeles County District Attorney's Office did not oppose the granting of Smith's habeas petition, conceding there was substantial evidence Mvuemba testified falsely at trial. On September 24, 2012 Smith's petition was granted by a Los Angeles Superior Court judge, and his convictions were vacated and a new trial was ordered, based on the judge's finding that Mvuemba perjured himself in identifying Smith and without that evidence there was insufficient evidence to support his conviction. The motion of the DA's Office to dismiss the charges was granted and Smith was immediately released from custody. Smith filed a motion for a Finding of Factual Innocence, and the DA's Office conceded that Smith met his burden of establishing his innocence by a preponderance of the evidence. The Superior Court found that without Mvuemba's false testimony there was insufficient evidence to convict Smith. Smith subsequently filed a claim with the State of California's Victim Compensation and Government Claims Board under Penal Code section 4900. On July 23, 2015 the California Attorney General's Office filed its response to Smith's claim, which did not introduce any evidence in opposition to his claim. On September 18, 2015 the Claims Board approved compensation of $653,600 to John Smith -- $100 per day for the 6,536 days from his conviction on November 2, 1994 to his release on September 24, 2012." |
Conviction Caused By: |
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Innocence Proved By: |
"On September 24, 2012 Smith's petition was granted by a Los Angeles Superior Court judge, and his convictions were vacated and a new trial was ordered, based on the judge's finding that Mvuemba perjured himself in identifying Smith and without that evidence there was insufficient evidence to support his conviction. " |
Defendant Aided By: |
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Compensation Awarded: |
"$653,600 (State of California, Sept. 18, 2015)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
18 |
Age When Released: |
37 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"In the Matter of the Claims of John Smith, Victim Compensation and Government Claims Board of the State of California, September 18, 2015 (Notice of Decision)" |
Information Location 1: |
http://www.vcgcb.ca.gov/docs/pc4900/PC-4900-Approved-Smith.pdf |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org