Conviction of S.F. man in prison 21 years set aside

(12-16) 22:00 PST SAN FRANCISCO -- A San Francisco man imprisoned 21 years ago for a drug-related murder he said he did not commit won a chance at freedom Thursday when a judge ordered his conviction set aside.

Maurice Caldwell, 43, is serving a sentence of 27 years to life at Folsom State Prison outside Sacramento. He was found guilty of second-degree murder in 1991 for fatally shooting Judy Acosta the year before in a drug deal gone bad at the Alemany public housing project in San Francisco. His conviction hinged on the testimony of a single witness.

San Francisco Superior Court Judge Charles Haines, who made the ruling, asked prosecutors to respond by Monday on whether they will appeal the order, seek retrial or dismiss the charges. Haines said Caldwell's trial defense attorney, Craig Kenneth Martin, was ineffective and failed to investigate the case properly, according to both Caldwell's current attorney and a lawyer for the San Francisco district attorney's office.

"The opinion is being reviewed and evaluated to determine how we are going to proceed," said Erica Derryck, a spokeswoman for San Francisco District Attorney Kamala Harris.

Caldwell has maintained his innocence and worked for the past two decades to get his conviction overturned.

The Northern California Innocence Project at the Santa Clara University School of Law took up his case. Caldwell knew that his attorney, Paige Kaneb, was scheduled to be in court Thursday and called her collect from a prison phone afterward to find out what happened.

"At first he was totally speechless," Kaneb said. "Then he kept thanking me. I told him it was a long time coming, and he said, 'No, it's a blessing.' "

Al Giannini, the former assistant district attorney who tried the murder case, was stunned when a reporter informed him that the conviction had been set aside.

"The case was bulletproof," he said. "I am very disappointed by the ruling. It's just heart-breaking." He said he had no doubt that Caldwell was guilty of the crimes for which he was convicted.

Reason for doubt

Kaneb, however, said there's reason for doubt.

Another man, Marritte Funches, has signed a declaration stating that he was one of two gunmen involved in the deadly drug transaction.

Caldwell, he said, did not kill Acosta. Funches is serving a life sentence without possibility of parole in Nevada for a different murder. Martin, who has not admitted guilt in the Acosta case, also is in prison for another crime, according to Kaneb. Authorities never identified the second shooter.

The case against Caldwell hinged on the testimony of Mary Cobb, a neighbor of his at the Alemany project who said she witnessed the shooting. She identified Caldwell as one of the gunmen and it was her testimony that led to his conviction, both Caldwell's attorney and prosecutors said.

Kaneb, from the Innocence Project, called into question the veracity of Cobb's testimony because she originally told police that she didn't know who the killer was. Giannini said that's because she was scared of retribution.

That's what she told Redbook magazine a few years after the trial. "I was paralyzed with fear," she said, and worried for her safety and the safety of her two sons. She added, "How could I tell my sons to stand up for what's right if I let a killer go free?"

Civic recognition

Cobb's decision to work with prosecutors was hailed by then-Mayor Art Agnos as courageous and heroic. He awarded her the San Francisco Medal of Honor, the city's highest civilian honor. She and her family received a trip to Disneyland and $1,000 six months after Caldwell's conviction.

Later, Agnos arranged a job for her at the airport. With threats against her life, she entered the witness protection program and died of complications related to heart disease, lupus and other ailments seven years after she testified against Caldwell.

Reached at home Thursday evening, Agnos said Cobb's "honesty and integrity were beyond reproach."

Agnos said he was called into the district attorney's office about the case a few months ago. Questions focused on whether she got the airport job in return for her testimony, he said. Agnos said Thursday that he never met Cobb until after the trial and that he was impressed by her determination to be a good role model for her two children.

E-mail Rachel Gordon at rgordon@sfchronicle.com.

This article appeared on page A - 1 of the San Francisco Chronicle