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Father who served 23 years for shaken baby death walks out of jail, waits for new trial

Father spent 23 years in prison for shaken baby death. He’s now free on bail Gwinnett County Superior Court Judge Kimberly Gallant set bond at $100,000 for Danyel Smith, 51, weeks after she threw out his 2003 murder conviction and ordered a new trial.

GWINNETT COUNTY, Ga. — After more than two decades behind bars, Danyel Smith walked out of prison Tuesday following a judge’s decision to grant him bond as he continues his fight for a new trial in the death of his infant son.

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Channel 2 Action News was the only station on scene as Smith was released following Tuesday’s bond hearing.

Moments after walking out, Smith spoke exclusively with Channel 2’s Michael Doudna.

“I’m glad to be free, well not free-free but it’s a start,” Smith said.

The moment he reunited with his family and the next steps in his case, on Channel 2 Action News This Morning starting at 4:30 a.m.

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Smith has spent more than 23 years in prison after being convicted in 2003 of felony murder and aggravated battery in connection with the death of his 2-month-old son, Chandler.

His attorneys now argue new expert evidence challenges the diagnosis used in his conviction and say the baby’s death was more likely caused by complications from childbirth. Prosecutors have maintained it was murder.

A judge previously granted Smith’s motion for a new trial, and Tuesday’s bond hearing cleared the way for him to be released as that legal battle continues.

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