 Despite one mistrial, Arcuri chose to press on with the case, and a jury found Smith guilty of both counts of murder in March 2002.In late June 2002 a judge set aside the conviction, on a technicality, when it was discovered the defense was not provided all of the evidence in the case, most notably the confession of another man, Earl Wright, who was eventually found guilty of the murder of Case.Smith was released from jail on August 1, 2002.