Daniel Larson's an Innocent Man, Says Federal Judge: So Why is He Still in Prison?

Categories: Law

daniel larson change org.JPG
change.org
Daniel Larson.
A man who has been behind bars since 1998 was ruled innocent by a federal judge two years ago. But that hasn't translated to freedom.

Today Bryan Banks, the football player who was previously falsely imprisoned for rape, along with family and other supporters of Daniel Larson, called on California Attorney General Kamala Harris to open Larson's cell for good.

They delivered ...


... more than 110,000 signatures to the Attorney General's L.A. office today, according to a statement from Change.org, which organized the online signature drive.

Bryan Banks, a football hopeful who was wrongly convicted and imprisoned based on false charges that he kidnapped and raped a classmate nearly 10 years ago, joined the fight for Larson's freedom, according to Change.org.

Banks' story was shocking. But Larson's may be even worse.

A federal judge ruled in 2010 that Larson is innocent after he was convicted in 1999 of possessing a concealed weapon. That brought him a sentence of 25 to life.

According to the California Western School of Law, this is how it all started:

On a warm June evening in 1998 two police officers confronted Larsen in the parking lot outside of the Gold Apple Bar in Los Angeles. The officers responded to a call that an assault with a deadly weapon was in progress with shots fired.

The call stated the suspect had a gun, was wearing a green flannel shirt, and had a long ponytail. Police targeted Larsen as the suspect, even though he had a closely shaven head and did not match the description.

The officers said that, as they drove up to Larsen, they saw him reach into the waistband of his pants, pull out a metallic object, and throw it underneath a nearby car. The officers searched Larsen and the area, and found a six-inch double-edged knife underneath the car. Larsen was arrested and eventually convicted of being an ex-felon in possession of a knife. He was sentenced to 25 years to life under California's Three Strikes Law.

Witnesses, including a retired cop, later said it was another man, not Larson, who tossed the knife.

The Attorney General's office is appealing the federal court ruling based on a technicality (that Larson's attorneys missed a deadline), thus keeping Larson locked up for now.

The California Innocence Project has spearheaded the effort to spring the man. The group says he was the victim of "poor representation" by the attorneys who missed the deadline.

Larson's fiancee, Christina:

Visiting Daniel every Sunday is the highlight of my week. But it also breaks my heart to return home each time and imagine the life we would be living if he had been released two years ago. That's why I started my Change.org petition asking Attorney General Kamala Harris to stop being a roadblock to justice.

[@dennisjromero / djromero@laweekly.com / @LAWeeklyNews]


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4 comments
screed2ski
screed2ski

My fiance and I got engaged and in two months he was gone from me. He worked in the movie industry as a medic and a fireman, not a traffic ticket in 12 years, no priors. He paid taxes, we bought a beautiful home to house his children and start our life. He was offered a job from a man at the movie studios who was in the security department, over the course of two years he was convinced this man was legitimate but in reality he was conning everyone. He took our gold our assets our motorhome and money. After he was done with my fiance, (of which thought he was in training for his new job and part of a team for bodyguards) he was sitting in the sherriffs training facility playing  solitaire on his pda and got arrested. He was not allowed to participate in meetings as he was in training and was always left to sit outside and wait for this man. In reality, this bad man was conning his own family members into thinking he was doing a service for them and accepting money for it.  Skipping to the trial now, the judge refused my fiances tax returns, financials, witnesses and any documentation to show he was a credible person who was conned. The judge was reckless in trial, sided with the prosecution and acted as a prosecutor (10 pages of questioning from the judge) however, due to the legacy of his mother who served as a judge in the same courthouse for 55 years he is unstoppable. He has the power to do whatever he wants and he did.Two months into our engagement he was put in prison after a rushed two week trial, the jurors did not deliberate,

it was the Friday before Easter  jurors wanted to go home it was the friday before Easter, they went home to their families my life was torn apart. It was election time and the judge had a 99% conviction rate! How can every case be guilty???? Well, if the judge acts as a prosecutor, manipulates the jury, allows the DA to use high powered electronic equipment and not the defense side, eliminating the facts, its so easy to get the outcome you want.

 

Sitting in the lobby that day waiting for this guy bought us the loss of two properties, our retirements and our lives together with his children because the judge cut out the important facts and allowed the bad man to take a plea deal and not appear in court. The judge handed my fiance 10 years! 5 burglary counts, conspiracy and a badge charge. Where was the burglery committed? My fiance never saw a dime of this money, he never committed a crime, he was not that type of man. Why would he jeopardize a $130,000 job for a $35,000 crime, he wouldn't.This is another perfect example of our state incarcerating a person over a small crime for 10 years at the cost of $50-72,000 a year how much does this cost the state to house this man? Leaving the families to struggle and go to the state once again for support rather than being able to work and provide for his children. We have been financially devistated to the point of no return over $35,000 because a judge made the ruling? Who is holding the people responsible for this uneccessary incarceration? No one, thye can do whatever they want because they can. Now the laws of appeals and getting things corrected are so hard to overturn and the cost to the families is so high we can't afford to straighten out the mess once it's put in writing whether its factual or not. I have spent countless thousands to help him, I work everyday to  try to survive without his financial support, he never committed a crime other than being in the wrong place at the wrong time. It's been four years of brutal financial drought for me, our family torn to shreds all because a judge said so. I know what this experience of wrongful incarceration is like, I am grateful for the people of the Innocense project who realize things do happen and sometimes they are not always correct. Thank you for helping this man, I can't my own man but I am thankful this man is being helped and will soon be home where he belongs with his family. This system needs to take these mistakes and review these cases and correct them if there is proof. We have proof too but years slip by becasue the system grinds you down to sand, what a waste of a good man who only wanted to provide for his family, his children and myself. The people on top need to open their eyes to what is truly going on, don't crimalize a person just because you can manipulate the jury to only hear what you want them to hear to convict an innocent person. It's time to grasp reality here!!!!!

 

screed2ski
screed2ski

This case is a good example of what is going on in our justice system right now. Innocent people are literally powerless to prove their innocense if the judge, DA, police department or others want a certain outcome on a case. California prisons are housing many people who truly should not be in prison. Beleive me, I am all for the bad guy being incarcerated but it needs to be fair and there needs to be actual evidence other than heresay to prove a case guilty. DNA is so amazing and I am grateful for it but what about those cases where someone points a finger at a suspect and claims something when in reality that is not truly what happened?

wcmaughan
wcmaughan

How is this poor guy still imprisoned, 2 years after a federal judge not only over-turned his conviction but declared him innocent!!? How are his "lawyers" not being sued for malpractice?  What is the deal with this Attorney General perpetuating a misscarriage of justice?  Outrageous. If one person's civil rights are taken away, the whole population is at risk.

Go gettem and don't stop until you mow them all down, Daniel!

andreihp42
andreihp42 topcommenter

LA is the new RUSSIA when it comes to law enforcement. 

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