By Jim Salter | Associated Press
ST. LOUIS — A Missouri judge on Monday overturned the conviction of Christopher Dunn, who has spent more than 30 years in prison for a killing he has long contended he didn’t commit.
The ruling is likely to free Dunn from prison, but it wasn’t immediately clear when that would happen. He has been serving a sentence of life without parole.
St. Louis Circuit Judge Jason Sengheiser’s ruling came several weeks after he presided over a three-day hearing on Dunn’s fate.
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 seeking to vacate the guilty verdict. A hearing was in May.
Sengheiser, in his ruling, wrote 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.”
Dunn’s attorney, Midwest Innocence Project Executive Director Tricia Rojo Bushnell, said she was “overjoyed” by the judge’s ruling.
“Now, Chris looks forward to spending time with his wife and family as a free man,” Bushnell said in a statement.
The Missouri Attorney General’s Office opposed the effort to vacate Dunn’s conviction. Lawyers for the state said at the May hearing that initial testimony from two boys at the scene who identified Dunn as the shooter was correct, even though they later recanted as adults.
“That verdict was accurate, and that verdict should stand,” Assistant Attorney General Tristin Estep said at the hearing.
Spokesperson Madeline Sieren said the Attorney General’s Office will appeal.
The decision in Dunn’s case came days after Sandra Hemme was freed from a western Missouri prison after serving 43 years for a murder that a judge determined she didn’t commit. Bailey’s office also opposed Hemme’s release.
A Missouri law adopted in 2021 lets prosecutors request hearings when they see evidence of a wrongful conviction. While Bailey’s office is not required to oppose such efforts, he also opposed another effort in St. Louis that resulted in Lamar Johnson being freed last year after serving 28 years for a murder case in which a judge ruled he was wrongfully convicted.
Rogers was shot May 18, 1990, when a gunman opened fire while he was with a group of other teenage boys outside a home. DeMorris Stepp, 14, and Michael Davis Jr., 12, both initially identified Dunn as the shooter.
In a recorded interview played at the hearing, Davis said he lied because he thought Dunn was affiliated with a rival gang.
Stepp’s story has changed a few times over the years, Gore said at the hearing. Most recently he has said he did not see Dunn as the shooter. Gore said another judge previously found Stepp to be a “completely unreliable witness” and urged Sengheiser to discount him altogether.
Dunn has said he was at his mother’s home at the time of the shooting. Childhood friend Nicole Bailey testified that she spoke with him by phone that night and he was on a phone at his mother’s house.
Estep, the assistant attorney general, said that alibi could not be trusted and Dunn’s story has shifted multiple times over the years. Dunn did not testify at the hearing.
The 2021 law has resulted in the the release of two men who each spent decades in prison. In addition to Johnson, Kevin Strickland was freed in 2021 after more than 40 years for three killings in Kansas City after a judge ruled he was wrongfully convicted in 1979.
Another hearing is next month for Marcellus Williams, who narrowly escaped lethal injection and is now facing another execution date.
St. Louis County Prosecuting Attorney Wesley Bell filed a motion in January to vacate the conviction of Williams, who was convicted in 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.
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, like Greitens a Republican, 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 of Sept. 24.
