Missouri Judge Overturns Murder Conviction, Man Freed After 30 Years

A Missouri judge overturned the conviction of Christopher Dunn, who has spent over 30 years in prison for a murder he claims he didn't commit. The ruling is expected to free Dunn, but the exact timing remains uncertain. He was serving a life sentence without parole.

St. Louis Circuit Judge Jason Sengheiser's decision followed a three-day hearing on Dunn's case. Dunn, now 52, was convicted of first-degree murder in the 1990 shooting of 15-year-old Ricco Rogers. St. Louis Circuit Attorney Gabe Gore filed a motion in February to vacate the guilty verdict, with a hearing held in May.

Evidence and Testimonies

Judge Sengheiser stated that the "Circuit Attorney has made 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." This new evidence played a crucial role in overturning the conviction.

Dunn's attorney, Midwest Innocence Project Executive Director Tricia Rojo Bushnell, expressed her joy at the ruling. "Now, Chris looks forward to spending time with his wife and family as a free man," Bushnell said in a statement.

Opposition from State

The Missouri Attorney General's Office opposed the effort to vacate Dunn's conviction. During the May hearing, Assistant Attorney General Tristin Estep argued that initial testimony from two boys who identified Dunn as the shooter was accurate, despite their later recantations as adults. "That verdict was accurate, and that verdict should stand," Estep said.

It remains unclear if the state will appeal the decision. Messages left with Attorney General Andrew Bailey's office were not immediately returned.

Previous Cases and Law

The decision in Dunn's case follows the recent release of Sandra Hemme from a western Missouri prison after serving 43 years for a murder she did not commit. Bailey's office also opposed Hemme's release.

A Missouri law adopted in 2021 allows prosecutors to request hearings when they find evidence of wrongful convictions. While Bailey's office is not required to oppose such efforts, it has done so in several cases, including Lamar Johnson's release last year after serving 28 years for a wrongful murder conviction.

Rogers was shot on May 18, 1990, when a gunman opened fire on a group of teenage boys outside a home. DeMorris Stepp, 14, and Michael Davis Jr., 12, initially identified Dunn as the shooter. In a recorded interview played at the hearing, Davis admitted he lied because he believed Dunn was affiliated with a rival gang.

Witness Reliability

Stepp's story has changed multiple times over the years. Most recently, he stated he did not see Dunn as the shooter. Gore mentioned that another judge had previously found Stepp to be an "unreliable witness" and urged Sengheiser to disregard his testimony altogether.

Dunn claimed he was at his mother's home during the shooting. Childhood friend Nicole Bailey testified that she spoke with him by phone that night while he was at his mother's house. However, Estep argued that this alibi could not be trusted due to inconsistencies in Dunn's story over the years.

Impact of New Law

The 2021 law has led to the release of two men who each spent decades in prison. Besides Johnson, Kevin Strickland was freed in 2021 after more than 40 years for three killings in Kansas City when a judge ruled he was wrongfully convicted in 1979.

Another hearing is scheduled next month for Marcellus Williams, who narrowly escaped lethal injection and now faces another execution date. St. Louis County Prosecuting Attorney Wesley Bell filed a motion in January to vacate Williams' conviction for the fatal stabbing of Lisha Gayle in 1998.

Bell's motion stated that three experts determined Williams' DNA was not on the handle of the butcher knife used in the killing. Williams was hours from execution in 2017 when then-Gov. Eric Greitens halted it and appointed a board of inquiry to examine his innocence claim.

The board never issued a ruling, and Gov. Mike Parson dissolved it last year. The Missouri Supreme Court ruled this month that Parson had the authority to dissolve the board and set a new execution date for September 24.