Georgia man exonerated after 21 years in prison

Marquez Powell (Courtesy of GoFundMe)

A Georgia man who spent almost 21 years in prison for a murder he consistently said he did not commit was exonerated Thursday and released from custody.

What we know:

Marquez Powell, 41, walked free from Hancock State Prison after a Fulton County judge granted a joint motion for a new trial filed by the Georgia Innocence Project and the Fulton County District Attorney's Office Conviction Integrity Unit. Prosecutors subsequently moved to dismiss all charges against him.

New DNA evidence prompted review

The case centered on the 2005 killing of Shah Walton.

Powell was convicted in 2008 under a party-to-the-crime theory that alleged he participated in a plan to rob Walton, who was also his best friend. Walton was fatally shot by Jacques Shockley, who was separately convicted in the case.

According to court filings, advanced DNA testing conducted years after Powell's trial produced evidence that supported Powell's longstanding claim that he was not involved in the robbery or killing.

The Georgia Innocence Project said the results undermined key elements of the prosecution's theory presented at trial and supported the conclusion that Powell was not involved in the crime. The filing also noted that the lead detective originally assigned to the case concluded Powell was a witness to the events surrounding Walton's death and should not have been charged.

Conviction Integrity Unit joins effort

The motion to vacate Powell's conviction followed a joint review by the Georgia Innocence Project and the Fulton County District Attorney's Office Conviction Integrity Unit.

What they're saying:

Litigation Director Christina Cribbs said the case highlights how advances in forensic technology can change the understanding of older convictions and provide opportunities to reexamine evidence that was unavailable at the time of trial.

Family of victim supported effort

According to the filing, Walton's sister was informed of the proceedings and supported the effort to overturn Powell's conviction.

Powell appeared virtually for Thursday's hearing before being released from prison later in the day.

His release marks the latest exoneration secured with assistance from the Georgia Innocence Project, which says it has helped free 17 wrongfully convicted people who collectively spent hundreds of years behind bars for crimes they did not commit.

A GoFundMe has been established to help Powell establish a new life. 

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