Read full article here. Washington Post article here. Excerpt from news source:
SACRAMENTO, Calif. – Gov. Jerry Brown on Friday commuted the sentence of a 52-year-old woman convicted of shaking her baby grandson to death, saying that significant doubts surround her conviction.
Shirley Ree Smith was convicted in December 1997 of shaking her 7-week old grandson, Etzel Dean Glass III, to death. She was sentenced to 15 years to life in prison, but has been free since 2006, when the 9th U.S. Circuit Court of Appeals set aside her sentence.
Brown said he was commuting Smith’s second-degree murder sentence to time served “in light of the unusual circumstances in this particular case, the length of time Ms. Smith has served in prison, and the evidence before me that Ms. Smith has been law-abiding since her release from prison.”
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The case makes it easy to understand why some defendants plead guilty to a crime they did not commit, in order to avoid the threat of a very long prison sentence.
It also demonstrates why a seasoned trial attorney will say that one never knows how a jury will rule until the verdict is returned.