MCHENRY (WBBM NEWSRADIO) -- There are those celebrating and those saddened by a federal appeals court decision Thursday overturning a murder conviction in McHenry County.
Kenneth Smith, 45, who has served 19 years of a 67-year prison sentence for the 2001 murder of a 34-year-old McHenry fast food restaurant owner, was granted “immediate” release from prison Thursday, the U.S. Court of Appeals for the Seventh District said in its ruling.
This was the third time Kenneth Smith’s murder conviction has been overturned. He was re-tried twice and convicted for the 2001 murder of 34-year-old Raul Briseno, owner of a Burrito Express in McHenry.
Now, a federal appeals court said there was insufficient evidence to convict the Smith. Appellate judges ruled he is to be freed outright and should not be tried again.
“We reverse the district court’s holding that the evidence was constitutionally sufficient to sustain Smith’s conviction,” according to the ruling released Thursday. “Accordingly, we remand the case to the district court with instructions to grant the petition for a writ of habeas corpus unconditionally and order the immediate release of Kenneth Smith from state custody.”
There were others also convicted of the Briseno murder, in part on the confession and testimony of one of them.
Briseno’s son told the Northwest Herald his family is really hurt over the news, and they believe Smith, and the three others convicted are all in fact guilty of his father’s murder.
Additionally, McHenry County State’s Attorney Patrick Kenneally told the Northwest Herald he doesn’t know how three federal judges can decide no rational jury could find Smith guilty, when three juries did just that.
“It strains credulity that three life-appointed federal judges can find that ‘no rational jury could find proof of guilt beyond a reasonable doubt’ in this case where three McHenry County juries did just that," he said.
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