Freedom has a nice ring to it

Greg Risling

Imagine having everything taken from you just when you had the most to

offer.

Your possessions. Your family. Your youth. Your dignity.

All that was left was your strength of mind and the faith that, one day,

the truth would be discovered.

Welcome to the world of Dwayne McKinney -- former gang member, convicted

murderer, freed inmate and pious soul.

McKinney, 39, after being released in January from a Lancaster prison, is

slowly adapting to the life he once remembered.

He was found guilty for the 1980 murder of a Burger King restaurant

manager in Orange and sentenced to life without parole. His conviction

was overturned earlier this year when Orange County prosecutors revealed

new evidence that suggested another man was responsible for the murder.

“My life was totally taken from me,” he said calmly. “It can’t get any

worse from where I was, except death. Every day consists of getting a

piece of my life back.”

For the last month, McKinney has spent most of his time readjusting to

mainstream society. He has been taken under the wing of Nancy Clark, who

runs an alternative sentencing program for inmates. McKinney lives with

three roommates in a small West Side apartment.

Clark learned about McKinney’s unfortunate circumstances through his

attorney and her friend, John Depko. Clark had followed the case, but

never talked with McKinney until his release.

Before she had even met him, Clark decided that she would offer him a

place to live. Meeting McKinney only confirmed her gut instinct to help

him.

“My first impression of him was someone with remarkable spirituality,”

Clark said. “He has a complete lack of bitterness or anger about the

horrific incidents he experienced in prison. I wasn’t surprised about

that, but impressed with how he handles himself.”

GETTING BACK TO LIFE

So much had been lost during the greater part of McKinney’s life.

A long, hot shower is foreign to him. Going to a supermarket was an

assault on his senses. He forgot how to approach the opposite sex.

Spending 18 years in state prison can do that to a man, making the

simplest of functions distant memories. For McKinney, the matters most

people take for granted are the very ones he cherishes.

“I’m getting accustomed to doing things on my own,” he said. “I am so

used to having a structured environment. Now, I get scared about making

breakfast because I don’t want to create a mess.”

But there have been more important ventures for McKinney in recent weeks.

He has applied for a driver’s license and opened a checking account. He

looks for a job on a daily basis. Maybe most vital to McKinney is

fostering a bond with his 18-year-old son, Anthony.

Now a young man, Anthony was just a baby when his father was on trial for

the execution-style murder. McKinney faced the death penalty and he knew

he couldn’t be a good father behind bars. Fearful that the outcome could

scar his son, he severed ties with him until Anthony could comprehend the

situation.

“I wasn’t going to allow my life to disrupt his,” McKinney said. “If my

son saw me behind bars, he might decide to follow that kind of life. I

wanted to remove any negative presence from his life. It was a painful

decision.”

McKinney had seen his son only four times. Anthony, who lives in Fontana,

visited McKinney on Monday and the two toured the Newport-Mesa area

together. They are planning more visits in the near future, far away from

any maximum-security facility.

SET FREE

McKinney didn’t know when it was going to happen, but he knew it would

happen someday.

Freedom came on Jan. 28, when a judge overturned McKinney’s conviction.

He was embraced by his attorneys, his family and his supporters.

Eighteen years ago, a jury found McKinney guilty of the murder at the

Burger King restaurant. The team of prosecutors, which included county

Dist. Atty. Tony Rackauckas, had four witnesses who pinned the crime on

McKinney. Restaurant manager Walter Bell was fatally shot in the head.

The gunman made off with $2,500.

McKinney claimed he was recovering from a gunshot wound at his Ontario

home during the time of the killing.

The jury weighed the evidence and found McKinney guilty. However, they

deadlocked on the death penalty and McKinney was sentenced to life in

prison without parole.

Recently, county prosecutors said they had new information that

exonerated McKinney. A prison inmate serving time for robbery said he and

two friends planned the holdup at the Burger King restaurant. The inmate

named the alleged killer, who is in jail on unrelated charges.

Prosecutors are reviewing the case and may file charges against the man

later this month.

For McKinney, the news was nothing new. He had always maintained his

innocence and believed he would be released someday -- an indication of

his strong faith.

“I knew one day it would come to an end,” he said. “All I had were my

thoughts and that enabled me to get up every day.”

NO LONGER BARRED

McKinney puts pressure on himself. He wants to succeed. He wants to be

productive.

“I feel blessed to know him,” Clark said. “I’m getting far more out of

our friendship than I am giving.”

He has achieved near-celebrity status and receives the VIP treatment.

Many people have donated money to help him get back on his feet. He’s met

boxing champion Ken Norton and Costa Mesa Mayor Gary Monahan. He’s going

to his first concert in more than two decades. The band is Chicago, a

popular group when McKinney was growing up.

McKinney has many aspirations, places he wants to go. He’d like to

educate kids about the pitfalls of crime and the consequences that go

along with it.

“A lot of kids can’t see beyond the five or six blocks in their

neighborhood,” he said. “Their choices can sometimes come with a price.

There is a reason why they need to stay in school and work toward

something positive.”

As terrible as his experience has been, McKinney has overcome the

near-impossible and remains confident about his future.

“No matter what comes along, I will be able to handle it,” he added. “I’m

thankful for what I have.”