Johnny Small seeks pardon 4 months after being freed

WILMINGTON, NC (WWAY) – Four months after a judge vacated his sentence, Johnny Small is now seeking a pardon from Governor Pat McCrory.

Small was a teenager when he was arrested in 1988 for the murder of Pamela Dreher.  Small spent more than 25 years in prison for murder, while continuing to deny his role in the crime.

Small’s former best friend and a key witness in the original trial came forward saying that he lied on the stand. David Bollinger said that a detective forced him to testify against Small. Bollinger said the detective threatened him with the death penalty if he did not do as he was told.

This summer, a judge listened to four days worth of testimony before vacating Small’s sentence.  Small was then placed on house arrest until the State determined whether to retry the case.

In September, District Attorney Ben David dismissed the charges against Small, citing the challenge of retrying a 28-year-old homicide where there is no physical evidence and where two material witnesses have been discredited by the Court proved to be too great to overcome.

In a news release from law firm Loevy & Loevy, Small is quoted as saying, “Knowing I shouldn’t be there day after day, surrounded by the worst people and the worst circumstances. I still have nightmares. Without a pardon I can’t clear my record, I can’t get a good job, and I can’t move on.”

Without a pardon from Gov. McCrory, Small is unable to expunge his record, and remains ineligible for any state compensation for his years of wrongful imprisonment.

Small’s attorney is hopeful that Governor McCrory will sit down with Small.

“Johnny has an extraordinarily compelling case of innocence. Even though there is no legitimate evidence linking Johnny to this crime, without a pardon of innocence, this case will always handcuff Johnny and limit his ability to find work, rent a house and do all of the ordinary things a 44 year-old would want to do,” attorney Gayle Horne is quoted as saying. “Only Governor McCrory has the keys to unlock those cuffs.”