PASSAGE OF THE DAY: "Riverside County prosecutors invited Long’s attorneys, who are with the California Innocence Project at the California Western School of Law in San Diego, to make a presentation on the case. “The presentation focused not on proving actual innocence, but instead pointed out areas of reasonable doubt,” the District Attorney’s Office said in a statement. “Our office closely reviewed and considered the presentation by defense attorneys and District Attorney Hestrin also had the district attorney’s Bureau of Investigation Cold Case Unit conduct a fresh and thorough review of the case. “Only after all these efforts were exhausted did we make the decision not to pursue a retrial.”
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STORY: "Prosecutors drop charges against woman who spent 17 years in prison for boyfriend's murder," by Reporter Scott Schwebke, published by The Press-Enterprise on April 22, 2021.
SUB-HEADING: "I'm so happy I can put this case behind me and move on with my life," Kimberly Long said after her 18-year ordeal ended."
GIST: "The legal odyssey for a Corona woman who spent seven years in prison for the 2003 murder of her boyfriend ended Thursday, when prosecutors announced during a Riverside Superior Court hearing that charges against her have been dismissed.
Riverside County District Attorney Mike Hestrin said in a statement that his office could not in good conscience prosecute 45-year-old Kimberly Long for the slaying of Oswaldo Conde.
“Our office carefully looked at and considered all aspects of the case and determined, in part due to the lengthy passage of time since the murder and the deaths of key witnesses, that we can no longer prove the case beyond a reasonable doubt to a jury,” Hestrin said in a statement.
Long, who is a dog groomer, said in a statement she is elated her name has been cleared in connection with Conde’s death.
“I’m so happy I can now put this case behind me and move on with my life,” she said. “It’s been hanging over my head for so long, but now I am just looking to the future.”
Struck with blunt object
Long was charged with the bludgeoning death of Conde in October 2003 at her Springbrook Street home. She she said had spent the evening with friends and returned home to find Conde dead, the Press-Enterprise reported in 2016. He had been struck in the head three to eight times with a blunt object, possibly while he was asleep, according to testimony at Long’s trial.
The weapon was never found and a key witness, who had been with Long that night, died in a traffic collision before trial. However, his recorded interview with law enforcement was used at Long’s preliminary hearing.
Long’s first trial ended in a mistrial when jurors could not reach a verdict. She was convicted of murder in 2005 after a second jury trial, but remained free from prison until losing an appeal of the verdict in 2009.
Time of death key evidence
She was released from prison in 2016 after Riverside County Superior Court Judge Patrick Magers reversed her conviction, finding Long’s public defender failed to call forensic pathologists as witnesses to address the time of Conde’s death.
The public defender also didn’t complete DNA testing on certain evidence and neglected to introduce important circumstantial evidence for the jury to consider, Magers said at the time. Long did not have any blood on her or her clothing despite a blood-spattered crime scene, but her defense did not introduce that evidence.
The California Fourth District Court of Appeal, however, reversed Magers’ ruling, and the case moved to the Supreme Court, which overturned the appellate ruling and tossed out Long’s conviction in November 2020. That set the stage for a possible third trial.
California Innocence Project
Riverside County prosecutors invited Long’s attorneys, who are with the California Innocence Project at the California Western School of Law in San Diego, to make a presentation on the case.
“The presentation focused not on proving actual innocence, but instead pointed out areas of reasonable doubt,” the District Attorney’s Office said in a statement. “Our office closely reviewed and considered the presentation by defense attorneys and District Attorney Hestrin also had the district attorney’s Bureau of Investigation Cold Case Unit conduct a fresh and thorough review of the case.
“Only after all these efforts were exhausted did we make the decision not to pursue a retrial.”
Justin Brooks, director of the California Innocence Project, said he is pleased that Long’s legal ordeal is finally over. “Considering the evidence in this case, it was the right decision,” he said.
The California Innocence Project is dedicated to the release of wrongfully convicted inmates and providing an educational experience for students enrolled in the clinic. The project receives about 1,500 solicitations from inmates each year and has freed 35 wrongfully convicted clients since its inception in 1999."
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
