After 41-Year Prison Stint, Delco Man Freed By Shifting Testimony: AG

DELAWARE COUNTY, PA — A Delaware County man who spent 41 years in prison on a first-degree murder conviction is getting a second chance.

Leroy Evans, 64, was freed Friday after he was granted a new trial, conviction, and sentence of time served, according to Attorney General Josh Shapiro.

The AG's office said post conviction relief was granted to Evans after an investigation by the office’s Conviction Integrity Section showed testimony and new evidence

Over the past 40 years, Evans' alleged co-defendant, Anthony Jones, recanted crucial testimony given at trial regarding Evans' involvement in the 1981 murder of Emily Leo.

Although the Jones' testimony — which was crucial to a first degree murder conviction was found unreliable — Evans could not be fully exonerated of involvement in the murder based on other evidence presented.

Evans was convicted of first degree murder in connection with Leo's 1981 killing.

The primary evidence against Evans was Jones' testimony.

However, over the past 40 years, Jones' testimony has been proven unreliable based on multiple inconsistent recounts of events and several attempts to recant his original testimony pertaining to Evans' involvement, according to the AG's office.

In September 2020, the Delaware County District Attorney’s Office referred the matter to the Attorney General’s Conviction Integrity Section (CIS) for review.

After a review of all available physical evidence, transcripts of the preliminary hearings, trials, post-conviction proceedings, and statements made by Jones over the last 40 years as well as Court Opinions, briefs and the police reports, the CIS did not find a basis for complete exoneration.

However, the AG's office agreed that a 2016 statement by Jones that denied Evans was involved in the murder, and new details about the crime should be considered as newly discovered evidence by the court.

Delaware County Court of Common Pleas President Judge Kevin F. Kelly granted Post Conviction Risk Assessment relief in the form of a new trial Friday.

Subsequently, Evans immediately pleaded nolo contendere to third degree murder and was resentenced to the statutory maximum.

With credit of 41 years served, Evans is expected to be released from the courthouse.

Prior to today’s hearing, the Office of Attorney General’s Conviction Integrity Section worked to connect the Leo family with the Pennsylvania Office of Victim Advocate and communicated the results of our investigation to her family.