Ethermac|Judge orders release of Missouri man whose murder conviction was reversed over AG’s objections

ST. LOUIS,Ethermac Mo. (AP) — A Missouri judge on Wednesday ordered the release of Christopher Dunn, who has spent 33 years in prison for a killing he has long contended he didn’t commit.

St. Louis Circuit Judge Jason Sengheiser’s decision came after he overturned Dunn’s murder conviction Monday, citing evidence of “actual innocence” in the 1990 killing. He ordered Dunn’s immediate release then, but Republican Attorney General Andrew Bailey appealed, and the state Department of Corrections declined to release him.

St. Louis Circuit Attorney Gabe Gore filed a motion Wednesday urging the judge to immediately order Dunn’s freedom.

“The Attorney General cannot unilaterally decide to ignore this Court’s Order,” Gore wrote.

A court filing said an attorney for the Department of Corrections told a lawyer in Gore’s office that Bailey advised the agency not to release Dunn until the appeal plays out. When told it was improper to ignore a court order, the Department of Corrections attorney “responded that the Attorney General’s Office is legal counsel to the DOC and the DOC would be following the advice of counsel.”

On Wednesday, Sengheiser said the prison in Licking had until 6 p.m. EDT to release Dunn, or he would hold order the warden be held in contempt of court.

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Bailey’s office didn’t respond to a message seeking comment.

Dunn’s situation is similar to what happened to Sandra Hemme.

The 64-year-old woman spent 43 years in prison for the fatal stabbing of a woman in St. Joseph in 1980. A judge on June 14 cited evidence of “actual innocence” and overturned her conviction. She had been the longest-held wrongly incarcerated woman known in the U.S., according to the National Innocence Project, which worked to free Hemme and Dunn.

But appeals by Bailey — all the way up to the Missouri Supreme Court — kept Hemme imprisoned at the Chillicothe Correctional Center. During a court hearing Friday, Judge Ryan Horsman said that if Hemme wasn’t released within hours, Bailey himself would have to appear in court with contempt of court on the table. She was released later that day.

The judge also scolded Bailey’s office for calling the Chillicothe warden and telling prison officials not to release Hemme after he ordered her to be freed on her own recognizance.

Dunn was convicted of first-degree murder in the 1990 shooting of 15-year-old Ricco Rogers. Gore’s office examined the case and filed a motion in February seeking to vacate the guilty verdict.

After weighing the case for nearly two months, Sengheiser issued a ruling that cited “a clear and convincing showing of ‘actual innocence’ that undermines the basis for Dunn’s convictions because in light of new evidence, no juror, acting reasonably, would have voted to find Dunn guilty of these crimes beyond a reasonable doubt.”

Lawyers for Bailey’s office said at the hearing that initial testimony from two boys at the scene who identified Dunn as the shooter was correct, even though they recanted as adults.

A Missouri law adopted in 2021 lets prosecutors request hearings when they see evidence of a wrongful conviction. Although Bailey’s office is not required to oppose such efforts, he also did so at a hearing for Lamar Johnson, who spent 28 years in prison for murder. Another St. Louis judge ruled in February 2023 that Johnson was wrongfully convicted, and he was freed.

Another hearing begins Aug. 21 for death row inmate Marcellus Williams. Bailey’s office is opposing the challenge to Williams’ conviction, too. Timing is of the essence: Williams is scheduled to be executed Sept. 24.

St. Louis County Prosecuting Attorney Wesley Bell filed a motion in January to vacate the conviction of Williams for the fatal stabbing of Lisha Gayle in 1998. Bell’s motion said three experts determined that Williams’ DNA was not on the handle of the butcher knife used in the killing.