- Associated Press - Thursday, November 6, 2014

SAVANNAH, Ga. (AP) - A Savannah judge has freed a defendant charged with murder after a key prosecution witness refused to testify at his trial.

The Savannah Morning News reports (https://bit.ly/1zyw5SY ) Superior Court Judge Michael Karpf ordered an acquittal Wednesday for 23-year-old Izell Marketh Perry. He was charged with the March 2013 shooting death of 32-year-old Sidney Grant outside a Savannah nightclub.

Prosecutors had only one eyewitness who identified Perry as the killer, and defense attorneys had argued that the witness was actually the gunman.

John Antonio Smith took the witness stand Tuesday and again on Wednesday. He told prosecutors, “I ain’t answering no questions.”

The judge denied prosecutors’ request to hold Smith in contempt of court to try to compel him to testify. The witness is already serving a two-year prison sentence.


Information from: Savannah Morning News, https://www.savannahnow.com

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