L.A. judge frees woman after 17 years, says system failed

Susan Mellen cries as she is exonerated of murder by Superior Court Judge Mark Arnold in Torrance Mellen spent 17 years in prison after being convicted of murder in the death of Richard Daly, a homeless man in 1997. less Susan Mellen cries as she is exonerated of murder by Superior Court Judge Mark Arnold in Torrance Mellen spent 17 years in prison after being convicted of murder in the death of Richard Daly, a homeless man in ... more Photo: Brad Graverson / Associated Press Photo: Brad Graverson / Associated Press Image 1 of / 1 Caption Close L.A. judge frees woman after 17 years, says system failed 1 / 1 Back to Gallery

LOS ANGELES — Describing the case as a failure of the criminal justice system, a Los Angeles County judge on Friday threw out the murder conviction of a woman who has spent more than 17 years behind bars for a crime that he said she did not commit.

The judge said the only evidence against Susan Mellen during her 1998 trial was the testimony of “a habitual liar” who claimed that Mellen had confessed her involvement in the killing of a former boyfriend.

“I believe that not only is Ms. Mellen not guilty, I believe based on what I’ve read, she’s innocent and for that reason I believe the criminal justice system failed,” said Superior Court Judge Mark S. Arnold.

Arnold said Mellen had received “subpar representation” from her defense attorney, who he said should have conducted a thorough investigation of the witness’ credibility. Had the attorney done so, jurors would not have found Mellen guilty, said Arnold, who ordered that Mellen be released.

“Thank you your honor, thank you so much,” Mellen said in a small voice.

“Good luck,” the judge told her.

The case was resurrected last year by a lawyer who runs an innocence project in Torrance.