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| After 26 Years in Prison, Ohio Man is Cleared, Free |
| By Associated Press |
| Published: 07/30/2003 |
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A man sipped champagne with his family as he got his first taste of freedom after 26 years of wrongful imprisonment for an officer's murder during a bank robbery. Gary Lamar James, 50, wore a suit as he walked out of the Franklin County jail Thursday. It was the first time he had worn one since being sentenced to death during his 1977 trial. 'From death row to here is a long way,' James said on the sidewalk outside the jail. 'It took a long time, but it's here.' James was freed on his signature without posting bond four days after passing a polygraph test administered by the State Highway Patrol. The test showed he was truthful in saying he did not kill security officer Berne Davis, 74, or participate in the Dec. 21, 1976, bank robbery. Judge Patrick McGrath of Franklin County Common Pleas Court said the case will be formally dismissed Monday. Franklin County Prosecutor Ron O'Brien agreed to dismiss all charges against both James and his co-defendant, Timothy Howard. Howard, 50, was freed April 23, a week after Common Pleas Judge Michael Watson overturned his conviction. Watson ruled that a jury would not have found Howard guilty had evidence and testimony available now been available at trial. O'Brien asked James and Howard to take a polygraph test, but Howard refused. James' attorney, James Owen, was thrilled with his client's release. 'It doesn't get any better,' Owen said. 'It's one of those cases that give meaning to my law practice.' Owen credited Princeton, N.J.-based Centurion Ministries with backing a seven-year legal fight. James was the 31st wrongfully convicted prisoner that Centurion, a private, nonprofit organization at work since 1983, has helped free nationwide. The group takes just 20 cases out of 1,300 yearly requests. James and his family celebrated his release with lunch at a seafood restaurant. His first meal as a free man was lobster and steak. |
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