A judge ruled Monday that Francisco Carrillo should be freed from prison after witnesses recanted their testimony.
LOS ANGELES (KTLA) -- A man who has been in prison for 20 years for murder will soon be a free man, after witnesses in the case recanted their testimony.
Francisco "Franky" Carrillo, 37, was convicted in 1992 for the murder of Donald Sarpy, but a Superior Court judge overturned the conviction Monday.
Carrillo's conviction was based on identification testimony from six people, including the victim's son.
All six have now admitted that they did not really see anything, and were influenced to make their identifications of Carrillo. In addition, two other men have confessed to the shooting, defense investigators said, and admitted that Carrillo was not involved.
Judge Paul A. Bacigalupo made the decision to release Carrillo after a week of testimony that raised questions about whether there was enough evidence to prove Carrillo committed the crime.
Prosecutors conceded that new evidence required the reversal, and that it was unlikely they would seek to retry Carrillo.
Carrillo was expected to be freed from the Los Angeles County jail sometime late Tuesday or Wednesday, though authorities would not give an exact time.
During the six days of testimony, the witnesses admitted that they could not really see the shooter's face.
Defense investigator David Lynn testified to a confession he obtained from another man who exonerated Carrillo.
Carrillo also testified that he was not involved in the shooting.
The men who have allegedly confessed to the shooting asserted their rights against self-incrimination and refused to testify.
Donald Sarpy, 41, was murdered on January 18, 1991, when he was shot as he stepped out of his home in Lynwood.
Sarpy's son, Dameon, and five other friends were nearby, but none were wounded.
Their initial statements were vague and conflicting.
A few told police that they heard someone in a passing car shout a Hispanic gang slogan, and they could only describe the shooter as a Hispanic male teenager.
The witnesses could not agree on what the car looked like. They gave descriptions ranging from tan to black and shiny to dull. Some said there were three males in the car, and some said there were only two males in the car.
Carrillo, who was 16 years old at the time, became a suspect after a mix-up in street names led officers to identify him as the perpetrator in another shooting.
The first witness to identify Carrillo was Scott Turner, one of the attempted murder victims. He identified Carrillo from a photo lineup, and then told his friends that he had chosen the person in position number 1. He also described what Carrillo looked like.
When the other witnesses were shown the photo lineup months later, all chose number 1.
KTLA News 8:39 a.m. PDT, March 16, 2011