Judge sets Johnny Small free, but he will remain on house arrest

WILMINGTON, NC (WWAY) – After hearing four days of testimony, the judge in the Johnny Small hearing ruled to vacate Small’s sentence.

The judge says he doesn’t believe there was a grand conspiracy, but he does think numerous documents were not turned over.

For nearly 30 years, Small has been in prison for the murder of Pamela Dreher but has maintained his innocence.  Small says he had tried to get parole a number of times and had all but given up, until his former best friend and a key witness in the original trial, David Bollinger, came forward and said he lied to the court and does not honestly believe Small killed anyone.

The judge found Bollinger’s original testimony to be false.

Small will remain on house arrest for the time being. He will be monitored 24/7.

The State has the option to retry the case.

We will have more details tonight on WWAY.