Man whose murder conviction was overturned is free

AP News
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Posted: Nov 24, 2014 8:46 PM
Man whose murder conviction was overturned is free

VENTURA, Calif. (AP) — A 69-year-old man convicted of murder 34 years ago was freed Monday after prosecutors told a judge they're no longer sure he committed the crime.

Michael Hanline posted $2,500 bail Monday afternoon after a morning hearing at which the judge ordered his movements electronically monitored and that he not contact prosecutors, detectives or the family of the victim.

Prosecutors in Ventura County will decide whether they want a retrial at a hearing scheduled for Feb. 27.

Hanline was convicted in 1980 of killing Ventura resident J.T. McGarry and was sentenced to life in prison without the possibility of parole.

His case was taken up by the California Innocence Project, whose lawyers persuaded prosecutors to re-examine the evidence.

Subsequent testing showed DNA found at the crime scene did no come from Hanline or his alleged accomplice. In addition, prosecutors withheld evidence that should have been disclosed to Hanline's legal team during the trial.

While prosecutors have not concluded Hanline is innocent, "We don't have confidence in the conviction at this point," prosecutor Michael D. Schwartz said.

The California Innocence Project says Hanline's case was the longest wrongful incarceration in state history.

A photograph provided by the project shows Hanline and his wife after his release. He wore a sweatshirt with the image of a California license plate and the letters "XONR8," representing the word "exonerate."