
From Death Row to Freedom
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The Wrongful Imprisonment and Exoneration of Daniel Gwynn #197
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For nearly three decades, Daniel Gwynn sat behind bars for a crime he did not commit. His wrongful conviction for arson and murder in Philadelphia became a chilling example of how systemic failures in the criminal justice system can destroy innocent lives. However, thanks to the tireless efforts of Gretchen Engel, Esq. and Karl Schwartz, Esq., legal advocates representing Gwynn, and DA Larry Krasner’s Philadelphia District Attorney’s Office, Gwynn was finally exonerated, marking yet another tragic but necessary reminder of why justice demands vigilance.
In October 1994, a devastating fire broke out in a vacant apartment building in Philadelphia, resulting in the death of one person. Authorities quickly ruled the fire as arson. Gwynn, who was a drug addict at the time, was accused of starting the fire. There were no eyewitnesses to the arson, but survivors of the fire gave the police a description of a man who they had an altercation with the night before who they only knew as “Rick”. To this day we don’t know how or why Gwynn became implicated in this case.
At trial, the prosecution’s case relied heavily on Gwynn’s coerced false confession, their witnesses’ testimony identifying Gwynn as “Rick”, and forensic evidence that pointed to the fire being arson. The state’s case portrayed Gwynn as a vagrant with a grudge, painting a damning picture that influenced the jury. Despite maintaining his innocence, Gwynn was convicted of first-degree murder and arson in 1995. He was sentenced to be executed.
For years, Gwynn’s claims of innocence were ignored. However, his legal team uncovered evidence that the trial prosecutor failed to disclose evidence of a plausible alternative suspect not known to Gwynn or his counsel at the time. This alternative suspect would have damaged the credibility of the prosecution’s witnesses’ in-court testimony identifying Gwynn as “Rick”. Gwynn’s attorneys discovered that:
- The photo array in the police files did not include Gwynn’s picture;
- That there was a murder committed in the same building and before the same witnesses;
- The witnesses who testified against Gwynn had testified against the perpetrator in the other homicide three days before the fatal fire in this case;
- The perpetrator from the other case had threatened to have his associates kill the witnesses if they cooperated against him;
- That this alternative suspect tried to hire a hit man to take out another witness from that case; and
- The witnesses had testified at the alternative suspect’s trial that they knew him as “Rick”, and that he matched the descriptions of the “Rick” they provided descriptions of in the arson case.
In February 2024, Philadelphia District Attorney Larry Krasner played a pivotal role in the exoneration of Daniel Gwynn. Krasner’s administration, committed to rectifying wrongful convictions, supported a motion to dismiss all charges against Gwynn for the 1994 arson murder of Marsha Smith. This action was based on findings that the original conviction was marred by questionable policing, coerced false confessions and the prosecutor’s failure to disclose evidence.
Assistant District Attorney David Napiorski, under Krasner’s leadership, led the investigation that uncovered significant discrepancies in Gwynn’s confession, such as inconsistencies with the physical evidence regarding the fire’s origin and the building’s exit routes. Additionally, it was revealed that the trial prosecutor hid the photo arrays he claimed the witnesses identified Gwynn from, and that the array was lost. But when the array found it did not include Gwynn’s photograph, undermining the credibility of the witnesses’ testimony used in his conviction.
Krasner highlighted that Gwynn’s wrongful conviction exemplified an era of flawed and, at times, corrupt policing and prosecution, which has eroded public trust. He emphasized that when law enforcement wrongfully arrests, prosecutes, and imprisons the innocent, the actual perpetrators remain free, posing further risks to the community.
As of February 2024, under Krasner’s administration, the Philadelphia District Attorney’s Office has supported 42 exonerations, reflecting a broader commitment to justice and the correction of past prosecutorial errors. Daniel Gwynn is the 197th person to be exonerated from death row in the United States of America.
Since his release, Mr. Gwynn has become a voice for the wrongfully convicted, advocating for criminal justice reform. His resilience and determination to fight for justice serve as a reminder of how fragile freedom can be in the face of judicial errors. Though he regained his liberty, the years lost can never be returned. His story stands as a sobering cautionary tale—and a call to action—for a more just legal system.
Mr. Gwynn is the 197th person to be exonerated from death row in the United States of America.

To access the artwork of Daniel Gwynn, link here: https://www.danielgwynn197.com