St. Louis prosecutor seeks to free man serving life sentence for 1990 homicide: ‘Wrongful conviction’
The workplace of St. Louis Circuit Lawyer Kim Gardner is seeking to overturn the conviction of a person who has spent 33 years in jail for a homicide he claims he didn’t commit.
On Monday, Gardner cited “clear and convincing proof” that Christopher Dunn, now 51, had not been concerned within the 1990 deadly capturing demise of Ricco Rogers. The assertion got here after Gardner filed a movement with the St. Louis Circuit Courtroom Friday to vacate Dunn’s first-degree homicide conviction.
Witnesses who testified in opposition to Dunn later mentioned authorities had pressured them to lie, Gardner’s workplace mentioned.
“We’re hopeful his wrongful conviction is put aside for the sake of Mr. Dunn, his household, and the folks of town of St. Louis,” Gardner mentioned in a press release Monday.
It was not instantly clear if Missouri Lawyer Basic Andrew Bailey’s workplace would oppose the movement.
Dunn, who was 18 when Rogers was killed, was convicted partly as a result of testimony from two boys who claimed to witness the capturing. Years later, each boys recanted their testimony and mentioned they have been coerced by state officers.
Dunn’s potential innocence was introduced earlier than a decide in 2020, however procedural precedent didn’t permit him to be exonerated.
Choose William Hickle mentioned through the evidentiary listening to that 12 months {that a} jury would possible discover Dunn not responsible based mostly on new proof, nonetheless, he declined to exonerate Dunn.
In his resolution, Hickle cited a 2016 Missouri Supreme Courtroom ruling that solely demise row inmates might make a “freestanding” declare of their innocence – not these serving a sentence of life in jail with out the potential of parole, like Dunn.
Dunn’s declare is being thought of once more as a 2021 regulation permits prosecutors to hunt courtroom hearings in instances with new proof of a wrongful conviction.
The regulation has already led to the liberating of two inmates who served prolonged sentences.
Lamar Johnson, who had spent practically three many years in jail, was freed after Gardner’s workplace satisfied a courtroom in February to put aside his conviction.
An investigation with the Innocence Venture into the 1994 killing and subsequent conviction discovered Johnson was convicted largely on the testimony of an eyewitness, who later alleged he was coerced into making his statements.
A second inmate, Kevin Strickland, who served greater than 40 years for a Kansas Metropolis triple killing, was additionally freed on account of the brand new regulation.
Dunn’s attorneys on the Midwest Innocence Venture consider he must be the third.
“We’re assured that when confronted with such proof, any Courtroom will discover, as Choose Hickle did practically three years in the past, that Christopher Dunn is harmless,” the group mentioned this week.
The overturning of those convictions comes as Gardner introduced on Could 4 that she would resign efficient June 1.
Gardner has been below hearth for months as critics accused her of neglecting her duties by permitting too many instances, together with homicides, to go unpunished. Her workplace can also be accused of being too sluggish to tackle instances.
Critics additionally mentioned criminals have been launched again onto the streets whereas victims of their crimes and their households are left uninformed.
Her time as town legal professional has been riddled with accusations of misconduct and mishandled instances. One such incident resulted in Gardner being publicly reprimanded and fined by the Missouri Supreme Courtroom.
Gardner was supported by liberal billionaire and Democrat mega-donor George Soros in 2016 and once more in 2020.
Republican Gov. Mike Parson will appoint her alternative.