John Edward Smith, former Calif. gang member, expects to be exonerated of murder today
(CBS/AP) LOS ANGELES - John Edward Smith, the former Los Angeles gang member who was kept behind bars for 19 years, is due in court today to be cleared of his murder conviction.
Smith's lawyers are expected to ask a judge on Monday afternoon to vacate his murder and attempted murder convictions for a 1993 drive-by shooting. Prosecutors plan to support the motion.
Smith was 18- years-old when he went to prison. His lawyers said he wasn't at the shooting scene. The only eyewitness, a victim who was shot and survived, recently recanted and said police pressured him to identify Smith as the shooter.
Smith, now 38, had a hearing scheduled for last Friday, but it was postponed when the judge fell ill. He spent the weekend in jail.
- Report: Dogs removed from kidnap suspect Castro's home
- Meeting Jodi Arias: First impressions never lie, or do they?
- Ariel Castro's lawyer says he'll plead not guilty
- Cops: Hofstra student died in police-involved shooting
- Creighton Univ. professor, wife, found slain in Omaha home
- 'Kai the hatchet-wielding hitchhiker' arrested
- 17-year-old charged with murdering two Ohio brothers
- "The War in Chicago": A 48 Hours investigation
- Arias jury hears of anguish from murder victim's family
- Defense lawyer: Jodi Arias will speak "about who she is"
- Jodi Arias jury finds killing merits possible death penalty
- Texas woman's body found 2 days after 911 call
- Cops: DNA confirms remains those of Ga. college freshman
- Boy, 12, appears in court in sister's fatal stabbing
- Berlusconi "bunga bunga" parties detailed at Italian trial
- Cops: N.M. mom chased her daughter's abductor for 7 miles