Tuesday, August 16, 2016

Cleveland: Eugene Johnson, Derrick Wheatt and Laurese Glover. Bulletin: Twenty years in prison, several days before retrial. a judge has dismissed the charge..."Lawyers for the three men also presented a letter from an assistant prosecuting attorney, Carmen Marino, that instructed the East Cleveland Police Department to conceal police reports. Those reports led defense attorneys to witnesses that had exculpatory accounts of the shooting."

"A judge on Monday dismissed a murder case against three East Cleveland men convicted in 1995, Eugene Johnson, Derrick Wheatt and Laurese Glover...A judge will not hold another trial for three East Cleveland men who spent two decades in prison. Cuyahoga Common Pleas Judge Nancy Margaret Russo dismissed a 1996 murder case Monday against Eugene Johnson, Derrick Wheatt and Laurese Glover. The case was scheduled to go to trial Monday, but Cuyahoga County Prosecutor Timothy J. McGinty asked Russo to dismiss the case after the 8th District Court of Appeals upheld Russo's 2015 decision to overturn the convictions........."The prosecutor can refile charges if additional evidence is found in the killing of Clifton Hudson, but Assistant Prosecutor Brian Radigan told the judge that the state does not plan to refile charges against the three men. McGinty said that time has "eroded" the state's case. Russo overturned the conviction in 2015 after two new witnesses disputed the evidence presented in the 1996 trial. A primary witness in the case, Tamika Harris, who was 14 years old at the time of the trial, retracted some of her testimony. Lawyers for the three men also presented a letter from an assistant prosecuting attorney, Carmen Marino, that instructed the East Cleveland Police Department to conceal police reports. Those reports led defense attorneys to witnesses that had exculpatory accounts of the shooting."
http://www.cleveland.com/court-justice/index.ssf/2016/08/judge_dismisses_murder_case_of.html

See related Wrongful Convictions Blog post at the link below:  "Johnson, Wheatt, Glover – this was the very first case I worked on with the Ohio Innocence Project eight and a half years ago. At the time, it was a GSR case (gunshot residue). The GSR evidence was always highly questionable, but it was a major factor in their conviction. As it turns out, not only was the GSR evidence bogus, but the case is also an example of egregious prosecutorial misconduct. Please see the story by Maurice Possley on the National Registry of Exonerations website here.
https://wrongfulconvictionsblog.org/2016/08/18/johnson-wheatt-glover-all-charges-dismissed/