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An inmate rests his hand on a prison fence. Maricopa County, Calif. REUTERS Joshua Lott

Man convicted of murder freed on bail after 23 years

1/23/2013 COMMENTS (0)

By Jessica Dye 

NEW YORK, Jan 23 (Reuters) - A man imprisoned for more than two decades was freed on bail Wednesday, after a federal judge last week ruled that he was "likely innocent" of the 1989 crackhouse murder for which he was convicted.

Acting Supreme Court Justice Guy Mangano ordered William Lopez to be released on his own recognizance while the Brooklyn district attorney's office conducts "further investigation" into newly discovered eyewitness testimony that could exonerate Lopez, a spokesman for the DA's office said.

Lopez has served 23 years of his 25-years-to-life sentence for the murder of Elvirn Surria.

An attorney for Lopez, Richard Levitt, said his client was "deeply thankful for all those who kept faith with him during these many years."

"He is looking forward to taking a walk around the block as a free man, breaking bread with his family and friends, getting a good night's sleep and seeing how the world has changed these last 23 years," Levitt said in a statement.

U.S. District Judge Nicholas Garaufis in Brooklyn last week granted Lopez's habeas corpus petition, saying he was "likely innocent" and calling the case against him "rotten from day one."

The judge ordered the Brooklyn district attorney's office to free Lopez within 60 days or show that substantial steps had been taken to retry him for the murder.

1989 KILLING

On Wednesday morning, during a brief hearing, Garaufis directed prosecutors to arrange for a bail hearing for Lopez within 36 hours. The bail hearing had to take place in state court, where the murder indictment against Lopez was filed, prosecutors said.

Lopez, who appeared before Garaufis wearing a white buttoned shirt and khaki pants, was taken to the state criminal courthouse blocks away to await his bail hearing, while family members who came to watch the proceedings cried and hugged one another.

Lopez was charged with murdering a drug dealer, Elvirn Surria, in a Brooklyn crackhouse in 1989. Without a murder weapon or forensic evidence to link Lopez to the crime, Brooklyn prosecutors relied largely on eyewitness testimony to convict Lopez in 1990, Garaufis's ruling said.

After he mounted a series of unsuccessful appeals through the state courts, Lopez filed a habeas corpus petition in Brooklyn federal court in 2002.

Garaufis held two hearings on Lopez's petition. During one, Lopez's lawyers presented video testimony from Cesar Diaz, a man living in the Dominican Republic who said he had witnessed the murders, the ruling said. Diaz said he was "certain" that Lopez was not one of two intruders he saw shoot Surria, the ruling said.

The Brooklyn district attorney's office said it intends to appeal Garaufis's ruling. In a statement, Jerry Schmetterer, director of public information for the DA's office said, "Our Conviction Integrity Unit will conduct further investigation of this case, including the credibility of a witness whose first statement about the case was made more than 23 years after the murder. If necessary, the People will re-try the defendant on the pending murder charges."

The case is Lopez v. Miller, U.S. District Court for the Eastern District of New York, No. 02-02-3988.

For Lopez: Richard Levitt and Yvonne Shivers of Levitt & Kaizer.

For the state: Howard Goodman and Phyllis Mintz of the Kings County District Attorney's Office.

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