Nearly four decades after an 18-year-old man confessed to a murderand immediately recanted claiming the confession was false and coerceda judge in the Bronx has set the inmate free after finding that his trial counsel erred.
In a lengthy opinion, Acting Supreme Court Justice Seth Marvin (See Profile) said that David Bryant, who was convicted of the rape and murder of an 8-year-old girl, was denied effective assistance of counsel because his attorney neglected to consult with a serologist who could have cast doubt on whether Bryant killed Karen Smith in 1975.
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