Innocent man, Lathan Word, set free after decade in prison

In prison for more than 10 years for a crime he said he didn’t commit, Lathan Word stepped outside the Muscogee County Jail on Monday a free man.

Word, 29, was convicted in 2000 for an armed robbery the previous year and sentenced to 15 years with no chance of parole. Monday afternoon, a judge ordered a directed verdict of acquittal for Word after the main witness against him -- who is now serving multiple life sentences -- told the judge he wouldn’t lie anymore.

Word stepped outside the jail and into the arms of his family about an hour later.

“This is the best day of my life,” Word said. “I spent 12 years to get this day right here.”

Surrounded by family, Word said he was ready to eat, and that fast food was not an option.

“It doesn’t matter,” he said, when asked which restaurant he’d visit. “Anything but fast food. In prison, you have to eat it fast.”

Patsy Word, waiting for her son outside the jail, wiped away tears.

“He likes soul food,” she said.

Lathan Word was convicted in 2000 of the armed robbery of Jennie & Joe’s Curb Market on Clover Lane. Contresstis Tolbert, a convenience store employee who’s now serving multiple life sentences for murder and armed robbery, told police that Word had a plastic bag over his head and a handgun when he robbed him of $300.

Six days away from joining the Marines when he was arrested, Word saw his conviction overturned by the Georgia Court of Appeals in March for ineffective assistance of counsel. Word’s attorney at his first trial failed to object when a prosecutor improperly asked a police officer whether he believed Tolbert’s testimony, the court ruled.

That turned back the clock for Word’s case, giving him the option of either pleading guilty or having another trial. Assistant District Attorney Wesley Lambertus said his office offered Word a sentence of time served for a guilty plea to armed robbery.

But Word didn’t want to plead. He wanted a trial.

“I know a lot of folks that aren’t going to get the opportunity to prove their innocence,” Word said. “I not only got victory, but they got victory.”

An officer was the first to testify in Word’s trial on Monday. He was followed by the owners of Jennie & Joe’s. Then it was Tolbert’s turn.

But Tolbert refused to take the oath required before giving testimony. Lambertus said he asked Tolbert twice to take the oath before the jury filed from the courtroom.

“Outside of the hearing of the jury, he said, ‘I refuse to lie. I’ve been lying all along,’” Lambertus said.

Tolbert had maintained his original story two weeks ago, Lambertus said. The change surprised everyone. Defense attorney Bill Mason, who represents Word, said that if the trial had continued, he would have called Tolbert as a witness.

Mason asked Tolbert whether he would testify. “He said, ‘Yeah, I’ll testify, but (prosecutors) ain’t gonna like it,’” Mason said.

Lambertus asked if Tolbert had been threatened about testifying. He denied being threatened.

“It was at that point that the state couldn’t do anything more about its case,” Lambertus said.

About 60 minutes later, Word walked outside the jail holding a box with his belongings.

“I just hate that it took so long,” said Olivia Galloway, Word’s sister. “A lot of things have happened that can’t be replaced. It’s been a long time coming.”

Mason said that Lathan Word can’t sue the government for his incarceration because it wasn’t involved in any “wrongdoing.” Word could sue Tolbert, but Mason questioned the wisdom of filing suit against someone in prison for life.

This story was originally published June 20, 2011 at 12:00 AM with the headline "Innocent man, Lathan Word, set free after decade in prison."