Missouri Supreme Court halts release of man with overturned conviction as he was about to go free
ST. LOUIS, Mo. (AP) — The Missouri Supreme Court halted the immediate release Wednesday of a man whose murder conviction was overturned — just as the man was about to walk free.
A St. Louis Circuit Court judge had ordered Christopher Dunn to be released by 6 p.m. CDT Wednesday and threatened the prison warden with contempt if Dunn remained imprisoned. But the attorney general has been fighting Dunn’s release.
The situation was chaotic as the deadline set by the judge approached. Corrections Department spokesperson Karen Pojmann told The Associated Press that Dunn was out of the prison facility and waiting for a ride. His wife told the AP she was on his way to pick him up. Minutes later, Pojmann corrected herself and said that while Dunn was signing paperwork to be released, the Missouri Supreme Court issued a ruling that put his freedom on hold.
St. Louis Circuit Judge Jason Sengheiser 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.”
“What is this bringing to taxpayers in Missouri? What is this use of our resources and our state’s time getting us?” said Dunn’s attorney, Tricia Rojo Bushnell, the executive director of the Midwest Innocence Project. “All it’s doing is keeping innocent people in prison.”
Dunn’s wife said while driving to the prison that they were numb when he didn’t get out earlier this week.
“If you know a little about the story, you know we’ve had a lot of disappointments where we thought we’d finally get his freedom and it was snatched away,” Kira Dunn said. “So we were just bracing ourselves.”
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. Dunn was represented by the Midwest Innocence Project.
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 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.
Steven Puro, professor emeritus of political science at St. Louis University, said Bailey is in a highly competitive race for the attorney general position with the primary quickly approaching on Aug. 6.
“Bailey is trying to show that he is quote, tough on crime, which is a very important Republican conservative position,” he said. “Clearly, he’s angering members of the judicial system that he will have to argue before in the future. But he’s making the strategic notion that he needs to get his name before the voters and try to use that to win the primary election.”
Michael Wolff, a former Missouri Supreme Court judge and chief justice, agreed, saying it seems this has become political for Bailey.
“If there’s a finding of actual innocence and there’s no case left, then that’s all,” Wolff said, adding: “But one of the things is that no matter what your beliefs are, if a court orders something to happen, it’s not your purview to say no. The court has to be obeyed.”