Missouri
‘Evidence of actual innocence’: Missouri judge overturns three-decades-old murder conviction
A Missouri decide has overturned the conviction of a person who has served almost 28 years of a life sentence for a killing that he has at all times mentioned he didn’t commit.
Key factors:
- Lamar Johnson was freed after an investigation by the state prosecutor’s workplace and the Innocence Mission
- His legal professionals mentioned the proof proving his innocence was obtainable at his unique trial
- He had been convicted on the premise of a line-up identification by somebody who mentioned he had been coerced, and a dialog reported by a jailhouse informant
Lamar Johnson, 50, closed his eyes and shook his head barely as a member of his authorized crew patted him on the again when Circuit Decide David Mason issued his ruling.
In coming to his resolution, Decide Mason defined that there needed to be “dependable proof of precise innocence — proof so dependable that it really passes the usual of clear and convincing”.
Mr Johnson walked free after he was processed out on the courthouse.
Beaming, he walked as much as reporters within the courthouse foyer about two hours after the ruling and thanked everybody who labored on his case, in addition to the decide.
“That is unbelievable,” mentioned Mr Johnson, who didn’t take any questions.
St Louis circuit lawyer Kim Gardner, who filed a movement in August looking for Mr Johnson’s launch after an investigation her workplace performed with assist from the Innocence Mission satisfied her he was telling the reality, applauded the ruling.
“Mr Lamar Johnson. Thanks. You are free,” she mentioned earlier than the gathered press.
Ms Gardner mentioned this was a time for Mr Johnson to spend together with his attorneys and household.
“That is Valentine’s Day and that is historic,” she mentioned.
The Republican-led state attorney-general’s workplace fought to maintain Mr Johnson locked up.
A spokeswoman for the workplace, Madeline Sieren, mentioned in an e mail that the workplace will take no additional motion within the case. She once more defended the workplace’s push to maintain Mr Johnson behind bars.
“As he said when he was sworn in, Legal professional-Basic [Andrew] Bailey is dedicated to implementing the legal guidelines as written,” Ms Sieren wrote.
“Our workplace defended the rule of regulation and labored to uphold the unique verdict {that a} jury of Johnson’s friends deemed to be acceptable based mostly on the info introduced at trial.”
Proof ‘obtainable at his trial’
Mr Johnson’s attorneys blasted the state attorney-general’s workplace after the listening to, saying it “by no means stopped claiming Lamar was responsible and was comfy to have him languish and die in jail”.
“But, when this state’s highest regulation enforcement workplace may cover from a courtroom no extra, it introduced nothing to problem the overwhelming physique of proof that the circuit lawyer and Lamar Johnson had amassed,” they mentioned in a press release.
Mr Johnson plans to reconnect together with his household and revel in experiences he was denied for many of his grownup life whereas locked up, his legal professionals mentioned.
“Whereas as we speak brings pleasure, nothing can restore all that the state stole from him. Nothing will give him again the almost three a long time he misplaced whereas separated from his daughters and household,” they mentioned.
“The proof that proved his innocence was obtainable at his trial, nevertheless it was stored hidden or ignored by those that noticed no worth within the lives of two younger Black males from the South Aspect.”
Mr Johnson was convicted of homicide for the October 1994 killing of Marcus Boyd, who was shot to demise on his entrance porch by two masked males.
Police and prosecutors blamed the killing on a dispute over drug cash.
Mr Johnson maintained his innocence from the outset, saying he was together with his girlfriend kilometres away when the crime occurred.
A second suspect, Phil Campbell, pleaded responsible to a diminished cost in alternate for a seven-year jail time period.
Mr Johnson testified at a December listening to that he was together with his girlfriend on the evening of the crime, apart from a couple of minutes when he stepped exterior of the house of a pal to promote medicine on a nook a number of blocks from the place the sufferer was killed.
Mr Johnson’s girlfriend on the time, Erika Barrow, testified that she was with Johnson that total evening, apart from a couple of five-minute span when he left to make the drug sale.
She mentioned the space between the pal’s dwelling and Mr Boyd’s dwelling would have made it unimaginable for Mr Johnson to get there and again in 5 minutes.
Witness ‘bullied’, convicted assassin confessed
The case for Mr Johnson’s launch was centred round a key witness who recanted his testimony and a jail inmate who says it was he — not Mr Johnson — who joined Campbell within the killing.
James Howard, 46, is serving a life sentence for homicide and a number of other different crimes that occurred three years after Mr Boyd was killed.
He testified on the listening to that he and Campbell determined to rob Mr Boyd, who owed certainly one of their pals cash from the sale of medicine.
He additionally mentioned Mr Johnson was not there.
Howard testified that he shot Mr Boyd at the back of the pinnacle and neck, and that Campbell shot Mr Boyd within the aspect.
Howard and Campbell years in the past signed affidavits admitting to the crime and claiming Mr Johnson was not concerned. Campbell has since died.
James Gregory Elking testified in December that he was on the entrance porch with Mr Boyd, attempting to purchase crack cocaine, when the 2 gunmen carrying black ski masks got here round the home and started the assault.
Mr Elking, who later spent a number of years in jail for financial institution theft, initially advised police he couldn’t determine the gunmen.
He agreed to view a line-up anyway. Mr Elking testified that when he was unable to call anybody from the line-up as a shooter, Detective Joseph Nickerson advised him, “I do know you recognize who it’s”, and urged him to “assist get these guys off the road”.
Saying he felt “bullied” and “pressured”, Mr Elking named Mr Johnson as one of many shooters.
Ms Gardner’s workplace mentioned Mr Elking was additionally paid at the least $US4,000 ($5,760) after agreeing to testify.
“It has been haunting me,” he mentioned of his function in sending Mr Johnson to jail.
Mr Nickerson denied coercing Mr Elking. He testified in December that Mr Elking’s identification of Mr Johnson was based mostly on all that he may see of the shooter’s face — his eyes.
Mr Johnson has one eye that appears totally different than the opposite, Mr Nickerson mentioned. “You possibly can clearly see it.”
Dwight Warren, who prosecuted Mr Johnson in 1995, mentioned that past Mr Elking’s testimony, the principle proof towards Mr Johnson was an overheard jail cell dialog.
A jailhouse informant, William Mock, advised investigators on the time that he heard Campbell and Mr Johnson speaking when certainly one of them mentioned, “We should always have shot that white boy,” apparently referring to Mr Elking.
Mr Warren acknowledged that convicting Mr Johnson would have been “iffy” with out Mock’s testimony.
In March 2021, the Missouri Supreme Court docket denied Mr Johnson’s request for a brand new trial after then-attorney-general Eric Schmitt’s workplace argued efficiently that Ms Gardner lacked the authority to hunt one so a few years after the case was adjudicated.
The case led to the passage of a state regulation that makes it simpler for prosecutors to get new hearings in circumstances the place there may be contemporary proof of a wrongful conviction.
That regulation freed one other longtime inmate, Kevin Strickland, final 12 months. He had served greater than 40 years for a Kansas Metropolis triple killing.
AP
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The Missouri Tigers and the Pacific Tigers had more things in common last year than just their monikers, as both teams finished winless in conference play. With those woes looming on their heads in this season, both teams have something to prove coming into this one and would benefit greatly from a victory at this point in the season. Missouri picked up that benefit tonight in a 91-56 victory. It was their fourth win in a row after their loss to Memphis to open the season.
Pacific came into the game with a reputation of keeping games interesting this season, with their previous bout against No. 19 Arkansas having as close as a two-point deficit with 12 minutes left. Their reputation being upheld seemed to be imminent as Pacific raced out to a 7-2 lead to start the game behind good play from Elias Ralph. The 6-foot-7 senior who played the majority of his career playing Canadian college basketball for the University of Victoria, just transferred to Pacific this year. Ralph finished the game with 19 points, leading his team.
After the hot start, head coach Dennis Gates’ group woke up as they dominated the half with multiple large scoring runs including a 14-2 run to end the half. Caleb Grill continued his good run of form shooting seven-of-nine in the first frame with five shots from beyond the arc for 19 points. Grill would finish the game with 25 points, his second-best mark of the season.
A quintessential pillar of Missouri’s ability to straighten their course after the early deficit was their clean basketball and forcing of dirty basketball on Pacific. The black-and-orange Tigers had seven turnovers while Gates’ group had none in the entire half. The black-and-gold Tigers picked up 12 points off those turnovers, marking a huge advantage in the game.
While Ralph was beating them, Missouri didn’t let anyone else on Pacific achieve the same feat. The rest of the Pacific team shot 41% in the first half, a contrast to Ralph’s 60%. A key to this game that I highlighted was dominating the offensive glass, and Missouri did so picking up seven offensive boards to Pacific’s three.
With all the joy that was the first half for Missouri, a key aspect was continuing to build a habit of having good second halves. The Tigers continued their trend of forcing turnovers as they forced three more before giving up their first of the game five minutes into the second half.
Grill’s value to the team in putting points off the bench was emphasized even more when at the final-12 minute mark, Grill had accumulated just six less points than the entire starting lineup.
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Defensively, absent from the first half thanks to the slow start, Missouri did a great job suffocating Pacific and preventing them from getting favorable looks. This aggressive style of defense caused Pacific to only have 13 points with five minutes left in the second half. Pacific went under a seven-minute scoring drought
As the Tigers were clamping down on Pacific on one end, they were still putting the pain in on offense. A 10-0 run towards the end of the game solidified the win, if it wasn’t already. The offensive performance for the second game in a row was a team effort aside from Grill as six players had at least seven points.
After outscoring Pacific 37-25 in the second half, Gates’ group picked up a comfortable win as they utilized efficient shooting, turnovers, and free throws to pick up the 35 point win.
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Overall, Missouri shot 49.2% from the field while Pacific 37.3%. The real difference maker was Missouri shooting 46.7% from three-point land Pacific’s 20.7%. Missouri outrebounded Pacific 38-32, and Pacific out-turnovered Missouri 14-6, with Missouri having the advantage 24-6 in points off of turnovers.
The Tigers next bout is against Arkansas Pine-Bluff on Sunday Nov. 24 at 4 PM CST. The game continues the Tigers’ non-conference home slate.
Missouri
Missouri Health Department releases results of lettuce taken as part of investigation into E. coli outbreak
ST. LOUIS, Mo. (First Alert 4) – The Missouri State Health Department has provided the results of lettuce taken as part of an E. coli investigation that impacted local high school students.
The St. Louis County Health Department has said that 106 E. coli cases have been found to be connected to events hosted or catered through Andre’s Banquet and Catering. More than half of the cases were connected with Rockwood Summit High School.
On Friday, the Missouri State Health Department said that an unopened package of lettuce collected from Andre’s Banquet and Catering tested negative for E. coli.
The owner of Andre’s Banquet Center provided a statement following the release of the results:
“Recently, it was brought to my attention that members of our community have tested positive for E. coli. In particular, the St. Louis County Department of Public Health (”Department”) contacted me and indicated there was a concern that lettuce served at two (2) events affiliated with Andre’s Banquet Center may be the cause of the E Coli. I immediately cooperated with the Department and provided samples of the lettuce which was served at the events. The Department, in turn, provided these samples to the Missouri State Public Health Laboratory. However, prior to the Department obtaining samples of the lettuce, St. Louis County issued a Press Release wrongly suggesting that Andre’s was the source of the E. coli. Earlier today, an Environmental Public Health Specialist from the State of Missouri notified me that testing done on the samples was negative for E. coli. While I am relieved to learn of the Missouri State Public Health Laboratory’s negative test results, I will continue to cooperate with the state and local health departments as they now work to determine the source of E. coli that has caused illnesses in the region and which has resulted in individuals who did not attend any events affiliated with Andre’s contracting E Coli.”
Bill Marler of the Marler Clark law firm in Seattle has filed two lawsuits over the E. coli outbreak.
“People eat the evidence,” he said of the health department not finding any contamination in the provided product. “I mean, the fact of the matter is that the food that’s being tested now is not the food that people ate.”
He told First Alert 4 that it is not uncommon for the food to test negative in outbreak situations.
Copyright 2024 KMOV. All rights reserved.
The owner of Las Palmitas Mini Market, Navor Herrera, received a $1M check during a press conference with Powerball officials on Thursday morning. (FOX 11)
Lottery players in 45 states, Washington D.C. and two U.S. territories hope for good luck when Powerball holds its three drawings each week and, according to a GambleSpot report, some states have had more wins than others over the years.
People in Indiana may be pleased to learn their state placed No. 1 thanks to the 1,153 Powerball wins from Match 5, 79 from Match 5 + Power Play and 39 for the jackpot over the span of just over 30 years, the gambling site said.
The other nine most-winning states for the popular lottery game were spread across the country.
The timeframe that GambleSpot used to determine the order of its list for those types of wins ran from April of 1992 to 2024. It included a total of 43 states.
ILLINOIS WOMAN WINS $1M FROM FORGOTTEN LOTTERY TICKET SHE LEFT IN HER BAG
The ten states at the top of the ranking notched a combined $40.43 billion worth of prizes adjusted for inflation, it said.
GambleSpot said the “luckiest” states when it came to Powerball were:
1. Indiana
WHITING, IN – OCTOBER 17: Maryanne Rearick rings up Powerball lottery tickets for customers at a cigarette store October 17, 2005 in Whiting, Indiana. The numbers for the multi-state Powerball lottery, which is currently at the highest amount ever $3 (Scott Olson/Getty Images / Getty Images)
The Hoosier State owes its No. 1 spot to 1,271 wins, it said. Those amounted to nearly $6.46 billion.
2. Missouri
Between April 1992 and April 2024, Missouri clocked in at 1,046 wins, 31 of which landed someone the grand prize, according to GambleSpot.
3. Pennsylvania
WASHINGTON CROSSING, PA – MAY 10: Powerball tickets await players at Cumberland Farms convenience store May 10, 2004 in Washington Crossing, Pennsylvania. The winner of the May 8th $213 million dollar Powerball jackpot has yet to come forward. For se (William Thomas Cain/Getty Images / Getty Images)
The state of Pennsylvania had 918 wins. Pennsylvania is home to about 13 million people, per the U.S. Census Bureau.
4. Minnesota
The gambling site found the North Star State to have garnered 851 wins in about 32 years. Minnesota winnings totalled $3.75 billion during that span. The state lets those who land prizes upwards of $10,000 keep their identities private.
5. Kentucky
“Seattle, WA, USA – June 15, 2012: A pile of Washington state Powerball lottery tickets. Tickets cost $2 and are sold in several states throughout the United States for a cash prize. Drawings are held every Wednesday and Sunday night.” (iStock / iStock)
Kentucky notched 825 wins, earning it fifth place, and $3.16 billion in prizes, according to GambleSpot. The biggest Powerball jackpot ever scored in Kentucky was $128.6 million in 2009, the Kentucky Lottery website said.
WINNING $478.2M POWERBALL TICKET SOLD IN GEORGIA
6. Wisconsin
The number of wins that GambleSpot tracked in the Badger State during its research totalled 797. That equated to $4.35 billion, it said.
7. Arizona
An Arizona Lottery kiosk displays lottery ticket games ahead of a PowerBall $1.5 Billon jackpot at a kiosk inside the Phoenix Sky Harbor International Airport (PHX) in Phoenix, Arizona on November 3, 2022. (Photo by Patrick T. FALLON / AFP) (Photo by (PATRICK T. FALLON/AFP via Getty Images / Getty Images)
Meanwhile, the gambling site counted 789 wins for Arizona. The state started playing Powerball in 1994, per the Arizona Lottery website.
8. Louisiana
Louisiana placed eighth, having 700 wins and nearly $2.42 billion in winnings. The state’s biggest Powerball jackpot, won in 2017, was $191.1 million, according to the Louisiana Lottery.
9. Florida
MIAMI, FLORIDA – OCTOBER 04: Forms to pick numbers for Powerball are on display in a store on October 04, 2023 in Miami, Florida. Wednesday’s Powerball drawing will be an approximately $1.2 billion jackpot. (Photo by Joe Raedle/Getty Images) (Joe Raedle/Getty Images / Getty Images)
The Sunshine state drew 567 wins and $4.90 billion during the timeframe it reviewed, GambleSpot’s research showed.
10. Connecticut
Powerball has been available in Connecticut since late 1995. People in Connecticut have won in 517 instances, per the gambling site.
Overall, people that play Powerball have a 1 in 24.9 chance of winning, with the jackpot carrying odds of 1 in 292.2 million, according to the lottery.
The largest prize that Powerball has ever seen, a $2.04 billion jackpot, occurred two years ago in California, Powerball’s website showed.
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Only two of the states featured in GambleSpot’s top-10 list – Florida and Wisconsin – have been home to one of Powerball’s 10 largest jackpots.
The lottery’s next drawing is slated for Saturday, when $171 million will go up for grabs.
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