The office of St. Louis Circuit Attorney Kim Gardner is seeking to overturn the conviction of a man who has served 33 years for innocent murder.
On Monday, Gardner cited “clear and compelling evidence” that Christopher Dunn, now 51, was not involved in the 1990 shooting of Rico Rogers. The statement came after Gardner filed a petition in the St. Louis Circuit Court on Friday to vacate Dunn’s first-degree murder conviction.
Gardner’s office said the witnesses who testified against Dunne later said they were pressured by authorities to lie.
Gardner said in a statement Monday that he “hopes on behalf of Dunn, his family, and the people of the city of St. Louis that his wrongful conviction will be ignored.”
It is not clear at this time whether the office of Missouri Attorney General Andrew Bailey will oppose the motion.
Dunn, who was 18 when Rogers was killed, was convicted after testimony from two boys who claimed to have witnessed the shooting. Years later, the boys recanted their testimony, claiming they were coerced by state officials.
The possibility of Mr. Dunn’s innocence was brought before a judge in 2020, but due to the precedent in the case, Mr. Dunn was not acquitted.
Judge William Hickle said at an evidence trial that year that the jury was likely to acquit Dunn on new evidence, but refused to prove Dunn’s innocence.
In his ruling, Hickl cited a 2016 Missouri Supreme Court ruling that only death row inmates like Dunn, who are serving life sentences without the possibility of parole, can claim their innocence “independently.” .
Dunn’s claims are being considered again as a 2021 law allows prosecutors to seek a court hearing in cases where new evidence of a wrongful conviction is found.
The law has allowed the release of two prisoners who have already completed their lengthy sentences.
Lamar Johnson, who spent nearly 30 years in prison, was released after Gardner’s office persuaded a court in February to drop the conviction.
An Innocence Project investigation into the 1994 murder and subsequent conviction found that Johnson was convicted largely based on eyewitness testimony, which he later claimed was coerced. .
A second inmate, Kevin Strickland, who served more than 40 years in the Kansas City triple murder case, was also released as a result of the new law.
Dunn’s lawyers for the Midwest Innocence Project believe Dunn should be the third.
The group said this week, “We are confident that any court, confronted with evidence like this, would find Christopher Dunn innocent, as Judge Hickle did almost three years ago.” said.
Those convictions were overturned after Mr. Gardner announced on May 4 that he would resign, effective June 1.
Gardner has been under fire for months after critics accused him of letting too many cases, including murders, go unpunished and neglecting his duties. Her office has also been accused of being too slow in handling cases.
Critics also said criminals were being released back onto the streets while crime victims and their families were left uninformed.
Her time as city attorney was riddled with allegations of fraud and improper handling of cases. In one such case, Gardner was publicly reprimanded and fined by the Missouri Supreme Court.
Gardner received backing from liberal billionaire and Democratic megadonor George Soros in 2016 and 2020.
He will be replaced by Republican Governor Mike Parson.
