Judge orders man free after 28 years, cites unfair trial

WILMINGTON, N.C. (AP) — A judge today ruled that a North Carolina man who was convicted of murder as a teenager and was imprisoned 28 years ago did not get a fair trial and allowed him to go free.

North Carolina Superior Court Judge W. Douglas Parsons ruled there was not enough evidence to justify 43-year-old Johnny Small's conviction for a 1988 murder.

The judge said he didn't see proof of Small's innocence, but was persuaded that prosecutors must decide if there was enough evidence to put him on trial again.

"I don't know if Mr. Small did this or not. Whoever did this is a monster," Judge Parsons said. "What I'm here to decide is, did he receive a fair trial? ... It is more than abundantly clear that he did not."

Small was expected to be freed later today from a Wilmington prison. The judge set the bond amount at $100,000 but said Small could be released without putting up the money.

He will be under electronic house arrest and live with a cousin in the port city while charges are pending.

"He's coming home after all these years away from his family," said Wendy Rickman, another of Small's cousins. "I was surprised that someone finally after all these years listened to Johnny. Johnny's been telling everyone that he was innocent."

Small has been imprisoned since the 1988 murder of Pam Dreher in Wilmington. She was shot in the head at point-blank range while she was lying on the floor of her tropical fish store.