LOS ANGELES (CBSLA) — Kimberly Long was exonerated for the 2003 murder of her boyfriend.

But last month a court of appeals reinstated her conviction.

The ruling was handed down even though the judge who presided over her trial said in open court that she is probably innocent.

KCAL9’s Randy Paige first broke Kimberly’s story in 2015 before she was exonerated.

Tonight, he picks up the latest chapter in her life.

She said she wakes up every day wondering if this will be the day they take her back to prison.

She is scared and the idea of going back to prison hits her in the gut.

Where does she go when she needs a little solace and peace? The opposite of a noisy, crowded prison.

Long goes to Joshua Tree National Park and it’s easy to see why a place like this has come to mean so much to her.

Absolute silence is broken only by a passing car in the distance. It’s a place where open spaces are endless. You can be alone here with your thoughts and dreams.

“I forgot how quiet things can be,” Long says.

Long spent more than seven years in the prison. Her boyfriend was murdered in October 2003.

She told police she came home to find him beaten to death and called 911.

Police arrived on scene and found a bloody crime scene. There was blood everywhere — everywhere but on the clothes she was wearing that night.

The same judge who presided over her original trial, Patrick Magers, looked at the new evidence and set her free.  At a more recent hearing, he had no problem saying she was “probably innocent.”

“And that’s extraordinary, that’s something I haven’t seen in my career,” says Justin Brooks, director of the California Innocence Project.

“Judge Magers knows this case better than anyone. He’s the original trial judge. He’s heard all the witnesses, he’s looked at all the evidence. And he’s come to the conclusion that Kim Long is most likely innocent,” Brooks says.

(credit: CBS)

Last month, a California Appellate court reinstated the conviction saying her appeal was based on the argument that she received inadequate defense at trial. The appellate judges ruled she had received effective counsel.

“Regardless of whether her lawyer did a good job or a bad job, if we later on find out we have an innocent person in prison, they should be released,” Brooks said.

He says her only hope is an appeal to the California Supreme Court and a plea to Governor Brown for clemency.

Paige asked Brooks what he would tell Brown if he was sitting in front of him.

“I’d say, Governor Brown, I’m not even asking you to declare Kimberly Long innocent. I’m asking you to recognize that there’s a case here with compelling evidence of innocence, where this young woman has suffered years of incarceration , where no one can look at this case and not see doubt all over it . Please – grant her clemency,” Brooks said.

“I’m innocent,”Long says.

Today, Long looks back on the milestones she missed with her two children while she was behind bars — and she thinks about her uncertain future.

“I’m a mom, so anybody else who’s a mom, who misses out on that time, like they get it. They understand that one day is too long but seven years and three months? That’s torture, and it’s wrong,” Long said.

RELATED LINK: Attorney Says Corona Woman Found Guilty In 2003 Murder Of Boyfriend Is Innocent

So she continues to bathe in the solitude of the desert — and prays her freedom is a permanent thing.

The Riverside County District Attorney’s Office declined to talk to Paige about this story saying they do not comment on matters with ongoing litigation.

Paige says he will send a copy of this story to Governor Brown for his response.

Comments (3)
  1. Chasing freedom was not just 2 yrs, but 141/2 yrs this should not be but it is and my family, daughter and I deal with it, we have learned greatly in many ways of our justice system and the people who work in it and the knowledge we have learned was well worth the study, now WE can help other wrongfully convicted & bring changes to our laws to help protect innocent people from this hideous nightmare! Thank you to Randy Paige/Reporter for his story on our daughter, Kimberly Long )CA12 ) well done because it is the truth! Kimberly has always been innocent and that will never change! Yes we ask Governor Brown for Clemency for Kimberly! End this nightmare so we as a family can move on in our efforts to help others in this situation an that is a promise to help! Kimberly’s Mother Advocate since 2003

  2. I have been fascinated by this case since I recognized the house where the murder took place is on my block. I understand that Kim was released due to the fact that there was no blood on her clothing and it was impossible for her to change that night, therefore she couldn’t have been at the scene of the crime as her boyfriend died. However, since being released, Kim has said in interviews that she grabbed Ozzy’s arm and tried to arouse him as he was dying and even heard his last breaths and death gurgle. As a former E.R. nurse I am surprised she didn’t try to use her training to save the love of her life. Also, how can she come in such close contact with the victim, in one of the bloodiest crime scenes the first responders had ever seen, and not get any blood on her clothing?

    1. Grammy says:

      I was thinking the same thing? She said that she held his hand & no blood? And no CPR? I’m sorry but, just because you are a mother they shouldn’t charge you with murder? I would think that because “ I didn’t do it!” is why I shouldn’t be charged with murder? Well, let’s see what happens??

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