LOS ANGELES – A judge has thrown out an attempted murder case and freed a suspect in custody for three years because of false testimony by a Los Angeles Police officer.

Superior Court Judge William Sterling on Monday granted a request from the district attorney's office to dismiss the case against Saul Eady, who was freed amid his second trial for shots that were fired at an alleged gang rival in 2005. Eady's first trial ended with a hung jury.

Eady's lawyer had confronted LAPD detective David Friedrich, the prosecution's key witness, with recordings of radio communications that contradicted his testimony.

Prosecutors attributed Friedrich's falsehoods to faulty memory and poor documentation.

“I believe this officer did the best he could, but unfortunately mistakes were made and we lacked confidence in the persuasiveness of our case,” said Michael Yglecias, the deputy district attorney who sought the dismissal. “We still have a belief in Eady's guilt, which made for an agonizing decision.”

Eady's attorney Greg Apt said the detective's testimony was more than innocent errors.

“I expect that there will be shades of the truth told in a trial,” Apt said. “But we rely on certain foundational things – that someone is not going to tell a straight-out lie. This is very frustrating and disturbing.”

Prosecutors had relied heavily on Friedrich's testimony to mark Eady as one of three men in a van who opened fire on an alleged gang rival in an alley in Baldwin Hills in 2005.

Friedrich and other detectives were surveilling the van.

Apt said that despite the positive identification of his client, Friedrich on the radio tapes said only that one of the men “could be” Eady, along with other inconsistencies.

Deputy Chief Charlie Beck of the LAPD said he had ordered “a complete review” of the case.

Friedrich's testimony already helped send another man, Justin Montgomery, to prison in connection with the same incident. Montgomery's lawyer Dale Atherton said he plans to ask for Montgomery's release.

Information from: Los Angeles Times, www.latimes.com