CORRUPT EVIDENCE FREES PROBABLE KILLER

A judge ordered a convicted murderer released from prison after finding that sheriff's deputies cut a deal with a key witness and didn't disclose it to the defense. U.S. Magistrate Judge Stephen J. Hillman ruled Thursday that the deal greatly influenced testimony at the trial of James Horton, who was convicted in 1985 of murdering a drug dealer. Horton, 51, has always maintained his innocence.

Horton's lawyer, Michael Rubin of San Francisco, said his client was in lockdown at Salinas Valley State Prison and did not yet know that he had been ordered freed. "To have a result like this after two decades is extraordinary," Rubin said.

Kenneth N. Sokoler, the assistant attorney general who handled the case for the state, said his office was disappointed with the decision. "We did not think the petitioner showed by a preponderance of evidence (that) the prosecution made a leniency deal with the witness," he said. Sokoler said he did not know if his office would appeal. The Los Angeles County district attorney's office, which has 90 days to decide whether to retry Horton or release him, had no immediate comment.

Horton was arrested in Los Angeles and charged with the 1982 robbery-murder of drug dealer Herschel "Lobo" Bowser. The key witness against him was a man who admitted driving Horton to a bus station after the killing. Deputies told the man before trial they would ignore his involvement if he testified against Horton, Hillman found. The man's testimony provided the bulk of the evidence against Horton. Hillman found there was "at the very least a tacit understanding" between the witness and detectives, which should have been disclosed to the defense.

Horton had previously been convicted of murder in Illinois.

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