Carl Case freed after 44 years

NEW MEXICO (KRQE) – He was convicted and sentenced to life in prison in 1982 for the rape and murder of a teenage girl. Now, after 44 years behind bars, he’s walking free. A judge said he’s innocent of those crimes.

Carl Case’s attorneys said it’s all thanks to years of attorneys and University of New Mexico Law students working to free him from prison. They said New Mexico law also made his release possible. “For him, it’s almost unimaginable to wait for so many years of injustice and wrongful imprisonment,” said Case’s attorney Clay Wilwol.

He was 19 years old when he was sentenced to life in prison. However, earlier this week, at the age of 65, he became a free man. “To say we are thoroughly committed to Mr. Case’s innocence is to really understate the matter. We’re completely convinced Carl is innocent,” said Case’s attorney Mark Lowry.

In 1982, Carl Case was one of four people convicted of raping and killing Nancy Mitchell. The teen was found dead near the Pecos River in Eddy County. Case was sentenced to life in prison, plus 18 years. However, on Tuesday, 5th Judicial District Court Judge Lisa Riley granted his release.

Her order states, “The court has no doubt that Mr. Case has shown by clear and convincing evidence that no reasonable juror would have convicted him in light of the new evidence.”

There were three categories of new evidence the court looked at, the first being a forensic entomology analysis: science that wasn’t available at the time of Case’s trial.

“That bug evidence that was assessed in Carl’s case indicated that most likely the body had been decomposing at a date that was far before the date on which this supposed event happened as it was recounted during the trial,” said Wilwol.

The other evidence were statements made by another man after Case’s trial, revealing a guilty conscience. The judge’s order said this supports a theory that man was the true perpetrator. The third piece of evidence was an admission from one of the other people convicted in the murder, who was a juvenile at the time, who testified that he was offered immunity if he admitted his involvement in the crime. The judge’s order said in part, his testimony shows the state used pressure tactics to obtain false testimony to convict Mr. Case of a crime he did not commit.

In the years since Nancy Mitchell’s death, other witnesses have also recanted their testimony against Case.

Case’s attorneys believe he is potentially the first New Mexico inmate to be released since the New Mexico Supreme Court in 2007 made it possible for incarcerated individuals to make arguments about their actual innocence.

Now, Carl Case’s lawyers said he is excited to start his life. “A lot of joy and just a lot of definitely getting used to what it’s like to be able to live in the free world,” said Lowry.

The New Mexico Department of Justice is appealing the case. KRQE News reached out for comment, but have not heard back yet. Case’s attorneys said they are ready to meet that challenge in the New Mexico Supreme Court because they are convinced he is an innocent man.

Four people were convicted of the murder. The juvenile was released after doing some time, one of the other men died in prison last year, and another, Joe Brown, is still behind bars. Case’s attorneys tell KRQE News that Brown’s legal team is evaluating their options in light of Case’s release.