STORY: Michigan man cleared of 3 murders after 16 years in prison," published by Associated Press on June 25, 2021
GIST: "A man serving a life sentence was released from prison Friday after 16 years, following the dismissal of three murder convictions in southwestern Michigan.
A new investigation cleared Corey McCall of any role in the fatal shootings of three people at a Benton Harbor home in 2005, including the death of a 12-year-old boy, the attorney general's office said.
Fresh evidence, including Walmart records, corroborated McCall's claim that he was not at the scene, Attorney General Dana Nessel said.
“It goes without saying that it is tragic Mr. McCall has served any time in prison for this crime," said Berrien County prosecutor Steve Pierangeli.
"Mr. McCall was convicted when the perpetrators of the crime had information of his innocence and waited until recently to disclose it," he said.
Indeed, the gunman, Andrew “Pumpkin” Miller, told investigators that McCall wasn’t present.
Three people were shot in the head during a home invasion. McCall, now 39, was not accused of being the shooter, but he was identified by a survivor as someone who was armed and in the house.
Judge Angela Pasula, who presided over McCall’s trial, threw out the convictions Friday.
The case was reexamined by Nessel's conviction integrity unit and the WMU-Cooley Law School Innocence Project.
McCall could be eligible for $50,000 from the state for every year spent in prison.
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See Michigan Attorney General's related release from earlier today:
PASSAGE OF THE DAY: "At trial, McCall presented an alibi defense that he was purchasing items at Walmart when the crime occurred. Trial testimony from Walmart employees was that those purchases were not made that night, discrediting McCall’s statements and contradicting his alibi. McCall was ultimately convicted by a jury. Decades later, the CIU received new information that McCall did not participate in the crime. This new information led to the discovery of new witnesses and new evidence, including documents that were not available at trial, that demonstrate McCall’s innocence. The Benton Harbor Department of Public Safety helped to forensically analyze a phone that corroborated the new evidence.
RELEASE: "On March 26, 2005, four armed men broke into a house and killed three people and shot a surviving victim during a robbery in Benton Harbor. The surviving victim eventually identified McCall as one of the gunmen after seeing his profile during the robbery for 1-2 seconds.
At trial, McCall presented an alibi defense that he was purchasing items at Walmart when the crime occurred. Trial testimony from Walmart employees was that those purchases were not made that night, discrediting McCall’s statements and contradicting his alibi. McCall was ultimately convicted by a jury.
Decades later, the CIU received new information that McCall did not participate in the crime. This new information led to the discovery of new witnesses and new evidence, including documents that were not available at trial, that demonstrate McCall’s innocence. The Benton Harbor Department of Public Safety helped to forensically analyze a phone that corroborated the new evidence. The CIU did pursue DNA testing, but the crime scene evidence was not material to the identity of the perpetrators.
“Mr. McCall’s exoneration was made possible by the incredible work of the Attorney General’s Conviction Integrity Unit and the willingness of the Berrien County Prosecutor to vacate his convictions when presented with clear and convincing evidence of his innocence,” Tracey Brame, the director of the Cooley Innocence Project, said. “The Cooley Innocence Project is proud to play a role in this exoneration, and I’m hopeful that this partnership with the CIU will result in justice for others who are wrongfully convicted.”
At the age of 23, McCall was sentenced to serve life without parole on December 5, 2005. He is in the process of being released from the Michigan Reformatory in Ionia.
In 2019, the Department of the Michigan Attorney General received a grant from the Department of Justice to partner with the Cooley Innocence Project to screen claims of innocence and conduct DNA testing. That same year, the Cooley Innocence Project received a separate grant from the Department of Justice to partner with the Department of the Michigan Attorney General in reviewing cases in which unreliable forensics played a role in the conviction. These grant partnerships were instrumental in McCall's investigation and release.
Exonerated prisoners are eligible for up to a year of reentry housing and two years of other supportive services offered by the MDOC. These include job placement assistance, job training, transportation assistance, work clothing or tools, vital documents assistance and more.
Exonerees are presented information on these services when they are released and can access them within two years of their release.
To date, the CIU has received more than 1,300 requests for assistance."
The entire 'case background' prepared by the Michigan Attorney General's Department can be read at:
https://wwmt.com/news/local/ag-nessel-announces-exoneration-of-man-that-spent-16-years-in-prison
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PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
