Jason Anderson was shot and killed in New Orleans shortly after noon on October 20, 2007. Mr. Anderson was killed after a struggle with the gunman. One witness claimed to have recognized the shooter from the neighborhood and she described the man as 5’7”. Mr. Anderson’s fiancée claimed to have seen the shooter, from inside her home, running away from the scene. She described the man as 5’5”. Both witnesses described the man wearing a red t-shirt and having a low cut hairstyle. Hours after the murder, a man called Mr. Anderson’s fiancée and claimed to have spoken to Mr. Anderson on the phone minutes before the shooting. The victim allegedly told this man that he was waiting on Kaliegh Smith, whom the victim’s fiancée knew. Mr. Anderson’s fiancée came to think that Mr. Smith was the man she saw fleeing the scene. She picked out Mr. Smith from a photographic lineup. The other witness, who then lived in Georgia, subsequently picked out Mr. Smith from a photo array. Mr. Smith, 5 ’10”, maintained his innocence.
By the time of trial, the fiancée’s narrative had changed to bolster her identification, though it was made from over 180 feet away, through blinds. She claimed that the gunman turned to face her after dropping something, a detail she never revealed in her earlier statements and not corroborated by other witnesses. The state’s main witness recanted her identification a week before trial. At trial, however, she claimed that she’d been threatened and stuck to her identification. She only testified after a material witness warrant was issued. Her testimony conflicted with the evidence, including the color of the murder weapon. Mr. Smith put forth an alibi, but a non-unanimous jury convicted him of second degree murder in February 2010 and he was sentenced to life.
Innocence & Justice Louisiana’s investigation revealed much evidence that was never disclosed to Mr. Smith or his attorney, including three witnesses who had identified another man as being involved, a man who fit the initial descriptions. DNA testing was performed on the victim’s shirt, as the shooter had been witnessed grabbing Mr. Anderson by his t-shirt. The DNA from the gunman on this shirt did not match Mr. Smith. Further, the state’s main witness testified against Mr. Smith only after receiving secret financial benefits from prosecutors and after repeatedly stating that Mr. Smith was not the shooter. Those benefits were hidden by the state, as was evidence that the actual perpetrator was likely a man known to police as a hitman. Mr. Smith’s conviction was vacated in May 2021 and he was exonerated in June 2021, over 13.5 years after his wrongful conviction. Mr. Smith died after three years of freedom, in June 2024.
