Kia Stewart

Kia Stewart

Post-Conviction Innocence Client
Exonerated: April 13, 2015
Incarcerated: 9 years, 8 months, 6 days
Tags: Mass Incarceration, Wrongful Conviction

Ineffective Counsel Failed to Call 18 Witnesses Who Supported Innocence

On Sunday morning, July 31, 2005, Bryant Craig was shot and killed on a New Orleans street. Within hours of the crime, police received a tip leading to Kia Stewart. Though the tip was factually inaccurate, police, without even canvassing the neighborhood for leads, included Mr. Stewart’s photo in a photographic lineup. Mr. Craig’s friend, who witnessed the shooting, identified Mr. Stewart, who was 17 years old at the time. The same friend had been asked to view the crowd that gathered after the crime. Though Mr. Stewart was in that crowd, Mr. Craig’s friend failed to identify him.

Hurricane Katrina would end the police investigation of the case and seriously hamper the defense investigation, which was performed by inexperienced law clinic students. Mr. Craig’s friend was the only eyewitness to testify and, three and a half years after witnessing the crime, identified Mr. Stewart in court. A non-unanimous jury convicted Mr. Stewart of second degree murder in April 2009. He was sentenced to life without parole.

Innocence & Justice Louisiana began its investigation of Mr. Stewart’s case in 2013. Investigation revealed at least 18 witnesses – some who witnessed the crime and stated that Mr. Stewart was not the shooter, some who heard the true perpetrator confess to the murder, and some who corroborated Mr. Stewart’s alibi.

In April 2015, Mr. Stewart’s conviction was vacated and the state agreed to dismiss the charges. Mr. Stewart spent close to 10 years in prison for a murder he did not commit.