David Colon, who now goes by David Lugo, spent 26 years in prison fighting his conviction and was eventually paroled in 2017.
Guevara has been repeatedly accused of engaging in misconduct, including fabricating evidence and police reports, and coercing witnesses to make identifications, sometimes using violence, according to court records.Despite completing his entire sentence, Lugo never gave up his fight to clear his name. When Judge Sophia Atcherson announced her ruling in court Friday, Lugo said he"teared up and felt overwhelmed" with emotion.
Atcherson said in her ruling that Lugo was denied his constitutional right of due process and that newly discovered evidence would"more likely than not" have affected the outcome of his trial, particularly the allegations against Guevara. Lugo's defense attorney, Russell Ainsworth of the Exoneration Project, said Lugo plans to now seek a certificate of innocence in the case, which will allow him to get his arrest and conviction expunged.
Ainsworth said a second conviction would be all but impossible for the state's attorney's office to win given the witnesses who have recanted their testimony and that Guevara, who they claim helped frame Lugo, would likely refuse to testify.
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