PASSAGE ONE OF THE DAY: "It’s part of a long track record for the attorney general’s office to oppose efforts to overturn convictions. Most recently, the state tried to stop St. Louis prosecutors from vacating the conviction of Lamar Johnson, though their efforts were unsuccessful, and Johnson was freed in early 2023. Injustice Watch, a Chicago-based nonprofit journalism organization that examines issues of equity and justice in the court system, found that the Missouri attorney general’s office has opposed calls for relief in nearly every wrongful conviction case that came before it and has been vacated since 2000. That includes 27 cases in which the office fought to uphold convictions for prisoners who were eventually exonerated. In roughly half of those cases, the office continued arguing that the originally guilty convictions should stand."
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PASSAGE TWO OF THE DAY: "The hearing in Dunn’s innocence case is set to begin tomorrow (Monday May 20) before St. Louis Judge Jason Sengheiser. In the Dunn case, Gore is essentially saying the prosecutor’s office “made a mistake. Help me correct this mistake,” said Michael Wolff, professor and dean emeritus of the Saint Louis University School of Law and a retired judge and chief justice of the Missouri Supreme Court. In contrast, Wolff said attorneys general in Missouri over recent decades have shown “interest in the finality of judgments juries make” in their oppositions to vacating convictions despite evidence showing individuals were wrongfully convicted."
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STORY: "Missouri attorney general opposes St. Louis prosecutor’s push to free Christopher Dunn," published by The Missouri Independent (Reporter Debra Chandler Landis), on May 14, 2024.
Christopher Dunn was convicted for a 1990 deadly shooting of a teen in St. Louis. Others involved in the case later admitted they lied about Dunn’s involvement. No DNA ever tied Dunn to the murder. A judge also admitted that the lack of evidence is enough to prove Dunn is innocent (photo submitted).
Missouri Attorney General Andrew Bailey will oppose efforts by St. Louis Circuit Attorney Gabe Gore to vacate the murder conviction of Christopher Dunn, who Gore believes has spent 33 years in prison for a crime he didn’t commit.
In February, St. Louis Circuit Attorney Gabe Gore announced he filed a motion with the court to vacate Dunn’s murder conviction in the 1991 fatal shooting of 15-year-old Ricco Rogers. When making the announcement, Gore said the evidence shows Dunn, a 54-year-old St. Louis native serving a life sentence without parole, is innocent of the murder for which he was convicted.
“The eyewitness recantations alone are enough to show clear and convincing evidence of actual innocence in this case,” Gore said. “Justice requires that Christopher Dunn’s murder conviction be vacated.”
Bailey disagrees, and according to Gore’s office, plans to oppose the motion to vacate Dunn’s conviction. A pre-trial conference is scheduled for May 16, and three lawyers with the Missouri Attorney General’s Office are listed as attorneys for the defendant, which in this case, is the state of Missouri.
A spokesperson for the attorney general’s office declined comment.
It’s part of a long track record for the attorney general’s office to oppose efforts to overturn convictions. Most recently, the state tried to stop St. Louis prosecutors from vacating the conviction of Lamar Johnson, though their efforts were unsuccessful, and Johnson was freed in early 2023.
Injustice Watch, a Chicago-based nonprofit journalism organization that examines issues of equity and justice in the court system, found that the Missouri attorney general’s office has opposed calls for relief in nearly every wrongful conviction case that came before it and has been vacated since 2000.
That includes 27 cases in which the office fought to uphold convictions for prisoners who were eventually exonerated. In roughly half of those cases, the office continued arguing that the originally guilty convictions should stand.
Dunn was convicted in 1991 of first-degree murder, first-degree assault and armed criminal action. He received a life sentence without the possibility of parole. The case against Dunn rested on the testimony of two eyewitnesses — a 12-year-old and a 14-year-old, both of whom later recanted.
Last year, Gore appointed Booker Shaw as a special assistant circuit attorney working on a pro-bono basis to assist him in the review of court transcripts, case exhibits and rulings, and advise him whether the filing of a motion to vacate the conviction was appropriate.
Shaw is the former chief judge of the Missouri Court of Appeals and served as a judge in the 22nd Judicial Circuit Court from 1983 to 2002,
Circuit Judge William Hickle said in 2020 that while he believed a current jury would not find Dunn guilty, he could not set him free because of Missouri law that restricts innocence claims to death penalty inmates. In 2021, a new state law took effect that allows prosecutors to file petitions when they believe an innocent person is imprisoned.
The hearing in Dunn’s innocence case is set to begin May 20 before St. Louis Judge Jason Sengheiser.
In the Dunn case, Gore is essentially saying the prosecutor’s office “made a mistake. Help me correct this mistake,” said Michael Wolff, professor and dean emeritus of the Saint Louis University School of Law and a retired judge and chief justice of the Missouri Supreme Court.
In contrast, Wolff said attorneys general in Missouri over recent decades have shown “interest in the finality of judgments juries make” in their oppositions to vacating convictions despite evidence showing individuals were wrongfully convicted.
The 2021 Missouri law says, in part, that a court will grant the motion of the prosecuting or circuit attorney to vacate or set aside a judgment “where the court finds that there is clear and convincing evidence of actual innocence or constitutional error at the original trial or plea that undermines the confidence in the judgment.’’
In considering the motion, the law says the court “shall take into consideration the evidence presented at the original trial or plea; the evidence presented at any direct appeal or post-conviction proceedings, including state or federal habeas actions; and the information and evidence presented at the hearing on the motion.”
The Midwest Innocence Project is representing Dunn."
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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YET ANOTHER FINAL WORD:
David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.
https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-12348801
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SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
---------------------------------------------------------------
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
—————————————————————————————————
FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
————————————————————————————
YET ANOTHER FINAL WORD:
David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.
https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-12348801
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