Johnny Small's comments came at a hearing yesterday that could lead to his release. A Superior Court judge will consider whether Small should have been convicted now that a childhood buddy, David Bollinger, recanted testimony accusing Small of killing Pam Dreher in 1988.
An autopsy report indicated Dreher was shot in the head at point-blank range while she was lying on the floor of her tropical fish store.
About 150 people falsely convicted of crimes a record number were exonerated in 2015, according to the National Registry of Exonerations. The registry is a project of the University of Michigan Law School and has documented more than 1,850 such cases in the US Bollinger, 47, and Small, now 43, faced each other yesterday for the first time since they were teenagers on opposite sides of a murder trial.
Bollinger has said he testified only because prosecutors promised charges he faced would be dropped in exchange and threatened the death penalty if he didn't cooperate. Bollinger said he repeated a story pinning the crime on Small that was fed to him by a homicide investigator on the Dreher case.
Bollinger said he understands North Carolina could prosecute him for lying under oath during the 1989 murder trial. But he got Small to sign a waiver that he wouldn't sue Bollinger. Bollinger said he didn't want to lose the small business and home he's built for his wife and children over the years.
Bollinger said he was driving to an automobile auction in South Carolina with his boss about the time Dreher was killed and didn't drive Small to the scene, as he testified in 1989.
He said he lied then because he was afraid that since he was an adult he could get the death penalty, and a Wilmington police detective told him Small could get out of prison after turning 18. Bollinger said he confided to his grandfather, a former police officer and FBI agent, about the lie police told him to tell.
Bollinger said his grandfather sat in on some of his interviews with Wilmington police, and Bollinger went to live with his grandfather after he was released from jail.
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