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Man convicted of killing restaurant owner wants out of prison while awaiting appeal Kenneth Smith
Updated 12/21/2020 6:35 PM
Lawyers cited a rapid spike in COVID-19 cases in Lawrenceville Correctional Center where the man accused of killing a McHenry restaurant owner in 2001 awaits news of the appeal that could set him free in asking that the man be released.
Lawyers for Kenneth Smith, 44, formerly of Park City, filed their motion Dec. 16 seeking his immediate release on bond from prison pending the ruling of the U.S. Court of Appeals for the Seventh Circuit.
Smith, who was convicted three times in the case, has served about 20 years of 67-year sentence for the murder of Raul Briseno, owner of the Burrito Express. In March, a federal judge vacated his latest conviction based on evidentiary errors that lawyers said violated (Smith s) constitutional rights to present a complete defense.