Ruled innocent by judge 2 years ago, Los Angeles man remains in prison

The California Innocence Project is pushing for the release of Daniel Larsen, an exonerated man facing life in jail over a "technicality." KNBC's Michelle Valles reports from Los Angeles.

Supporters of a Los Angeles man who remains in California state prison despite being declared innocent by a federal judge delivered more than 90,000 petition signatures to the state Attorney General’s Office on Monday, calling for his release from custody.

Daniel Larsen was convicted in 1999 of possession of a concealed weapon and sentenced to 27 years to life but had the conviction overturned when a judge in 2010 found his constitutional rights had been violated.

At a press conference on Monday, Larsen’s fiancée, Christina Combs, joined members of the California Innocence Project and Brian Banks, a football star who was exonerated after serving a five-year sentence when his accuser admitted she lied about him raping her, to call for Larsen's release.

"I just need him to come home," said Combs, who recently launched the petition on Change.org. "I love him."

In the petition, Combs calls on state Attorney General Kamala Harris to officially exonerate Larsen and rescind the state’s objection to his release from prison.

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The group presented thousands of signatures in boxes and signs calling for Larsen’s release.

Larsen was convicted in 1999 of possession of a concealed weapon after two police officers testified they saw Larsen toss a knife under a nearby car in the parking lot of a bar.

California high school football star cleared of rape 10 years later

Supporters say Larsen was the victim of poor representation. His trial attorney reportedly failed to call as many as nine witnesses, including a former police chief who said he saw another man toss the knife.

As a result, Larsen was convicted and sentenced to 27 years-to-life in prison under California’s Three Strikes Law. He had two prior strikes for burglary.

Larsen was later ruled innocent by a federal judge, who reversed his conviction and declared that his constitutional rights had been violated.

Larsen has remained incarcerated since that ruling because the Attorney General claims that he did not present proof he was innocent quickly enough -- a legal technicality that could keep him in prison for life, according to the California Innocence Project.

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He isn´t the only person unlawfully detained in the U.S. Wake up America before it´s too late because it happened to him and can happen to you. This Neo-Marxist Corporate America is worse than communism. The mainstream media is regulated by our government and we are only told news they want us to know. No freedom of the press, no justice for our children and our courtrooms are in total violation of the Constitution that the socialists have shread.

    Reply#27 - Tue Aug 21, 2012 12:02 PM EDT

    We have the Judicial System of a third World Country... isn't it Great...They stall letting him go because he will Sue and Win ....and he should. The people who make these decisions needed to be Named and Held accountable. In my opinion ...they are worse than many people who are in prison now.

      #27.1 - Tue Aug 21, 2012 5:01 PM EDT
      Reply

      Judge over-turns the conviction so the guy is not guilty of the crime he went on trial for. How can they keep him in jail?

      I guess he should have raped someone....he would have been released 10 years ago.

      • 1 vote
      Reply#28 - Tue Aug 21, 2012 12:02 PM EDT

      Wow

        Reply#29 - Tue Aug 21, 2012 12:02 PM EDT

        This type of yishvish really tends to make people supportive of our legal system, NOT. The parties responsible and involved should resign from office and post a bond big enough to cover the lawsuits that will follow; their pensions should cover some of the settlement.

          Reply#30 - Tue Aug 21, 2012 12:03 PM EDT

          just one of the millions who are locked up on bogus convictions .

          • 1 vote
          Reply#31 - Tue Aug 21, 2012 12:03 PM EDT

          Attorney General Kamala Harris is useless and inept to even let this get this far.

          • 1 vote
          Reply#32 - Tue Aug 21, 2012 12:04 PM EDT

          Stop breaking the law a-hole!!! no but seriously? If the dude is innocent, how stupid is it that he's still in jail? But on the other hand, two prior convictions for burglary? I would think with two strikes already, the guy should've been smarter about where he spends his free time - at a bar,hanging around thugs with knives probably isn't the best idea.

            Reply#33 - Tue Aug 21, 2012 12:05 PM EDT

            tito

            Being stupid isnt against the law, if he is guilty, fine, convict him, but dont break the law in order to convict him.

              #33.1 - Tue Aug 21, 2012 2:13 PM EDT

              I understand that, just questioning his judgement, that's all. Either way, yes, the guy deserves another shot under the current system - I think that's a given.

                #33.2 - Tue Aug 21, 2012 4:25 PM EDT
                Reply

                Typical. The Attorney General has a man in prison for a crime he didn't commit, but it gave the AG a star on his conviction ledger. He doesn't care about Larsen's guilt or innocence as long as he has someone in prison for a crime. Isn't this a case of "don't confuse me with the facts, I've already made up my mind"? Sounds to me like the AG is guilty of blatant contempt of court. Maybe the AG should finish serving Larsen's sentence. How about it, judge?

                • 1 vote
                Reply#34 - Tue Aug 21, 2012 12:05 PM EDT

                sadly, this type of crap happens daily. IN AZ, we have our own miscarriage of justice. Courtney Bisbee is her name. Please check it out, including how the supposed "victim" tells the truth now that he was coerced by his own mother for financial gain.

                  Reply#35 - Tue Aug 21, 2012 12:06 PM EDT

                  27 years for throwing a concealed weapon under a car. The three strike law sucks but then again 2 priors for burglary this guy was a dirt bag regardless. Though 27 years for the third charge seems excessive but what might a prior convicted felon do with that knife during a burglary. I guess I can go back and forth with myself whether the 27 years is or isn't justified.

                    Reply#36 - Tue Aug 21, 2012 12:06 PM EDT

                    He'll be committing more crimes the second he's released.

                    • 1 vote
                    Reply#37 - Tue Aug 21, 2012 12:09 PM EDT

                    Agreed, with two prior convictions for burglary, it's probably best he's in jail anyway. If it weren't this time, he probably would've found a way to get in trouble some other way.

                      #37.1 - Tue Aug 21, 2012 12:57 PM EDT

                      BG

                      How would you like to be locked up because of something you MIGHT do? If he commits another crime, fine, lock him up, but I dont think our legal system allows for a person to be locked up to prevent him from committing a crime.

                        #37.2 - Tue Aug 21, 2012 2:17 PM EDT
                        Reply

                        The LAW means nothing to politicians,....all the way from the top (the President) and down to the local dog catcher. And that means ALL politicians. You just have to love the media.

                          Reply#38 - Tue Aug 21, 2012 12:09 PM EDT

                          Mabe one of the people he burgled was the Attorney General.

                            Reply#39 - Tue Aug 21, 2012 12:10 PM EDT

                            if the ag and there ego can fit in a cell, throw them in and toss the key

                              Reply#40 - Tue Aug 21, 2012 12:10 PM EDT

                              Talk about injustice and a coming law suit for unlawful imprisonment ...

                                Reply#41 - Tue Aug 21, 2012 12:11 PM EDT

                                This is the problem with three strike laws. Not all felonies are violent. His prior burglaries may not have involved threats to people at all. This crime certainly doesn't sound like he was threatening anyone - he had a knife and he threw it away. Should he have had it? No. But does that mean he spends his life in jail? This is absurd. The same people who want him in jail for life complain about having to support him there.

                                  Reply#42 - Tue Aug 21, 2012 12:11 PM EDT

                                  If you read down the article you will find out he had two prior convictions for burglary. This is a three strikes case so, he ain't no choir boy. Maybe he should have been exonerated but all I can say is don't put yourself in that position if you want to stay out of prison.

                                    Reply#43 - Tue Aug 21, 2012 12:12 PM EDT

                                    Power play by AG spending Tax payers hard earned $ - No wonder CA is broke! She, Kamala Harris, should be prosecuted for defying the justice! Contempt to court and jail her smelly ass! What a bitch! I hate power players like that! Kamala Harris ur behavior is consistant with what screws everything up in this whole country, ur behavior, is that of the stupid people! The stupid people like Kamala Harris just don't want to do what is RIGHT and do whatever they want even when it doesn't make sense! Keep in mind swan34 he doesn't hv 3 strikes - just 2! Read the whole thing.

                                      Reply#44 - Tue Aug 21, 2012 12:12 PM EDT

                                      He had two prior strikes for burglary. Sorry it looks like prison is where he needs to be. Some people just don't get it. When he is released it will only be a matter of time before he is back home, in prison.

                                        Reply#45 - Tue Aug 21, 2012 12:13 PM EDT

                                        joe:

                                        It does not matter what his priors were. This conviction doe not count as it was not properly prosecuted.

                                          #45.1 - Tue Aug 21, 2012 12:15 PM EDT
                                          Reply

                                          The Defendant's Attorney should again go to Federal Court and file a "habeus corpus" declaration and ask the federal judge to find why the California State's Attorney and the Prison Warden should not be held in "contempt of court." I find it ubusual a State's Attorney is defying a Federal Court's order. There are all type's of hell he can go through including losing his license to practice law.

                                          There is more to this.

                                            Reply#46 - Tue Aug 21, 2012 12:13 PM EDT

                                            Frank and Barry are right! MSN is very poor at reporting.They just need to print something to take up space.

                                              Reply#47 - Tue Aug 21, 2012 12:13 PM EDT

                                              This story is a perfect example of why I no longer practice law....if Americans only knew 10% of what the "legal" system is about (notice I did not say "justice" system) they would be horrified....just imagine all those innocent people on death row....and to those who support the death penaly, my response is "I am so glad you have such faith in your government, because it could happen to you".....and it it did...and it could....boy! would you change your mind about the murder of other human beings.....

                                                Reply#48 - Tue Aug 21, 2012 12:14 PM EDT
                                                Comment author avatarPaul Rathwellvia Facebook

                                                It appears as though federal judges' decisions in California mean nothing to their Attorney General when it comes to civil rights. More reason to move out of California!

                                                • 1 vote
                                                Reply#49 - Tue Aug 21, 2012 12:14 PM EDT

                                                He's a criminal. Three strikes your out! Next batter, hey batter batter.

                                                  Reply#50 - Tue Aug 21, 2012 12:14 PM EDT

                                                  Larsen is no angel and certainly an argueable fringe member of society. But one thing is clear, he is innocent and entitled to be released. That is the law and that is justice.

                                                  • 2 votes
                                                  Reply#51 - Tue Aug 21, 2012 12:15 PM EDT
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