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Missouri judge overturns murder conviction of man imprisoned for over 30 years
FILE – Christopher Dunn, right, listens to his attorney Justin Bonus from New York City during the first day of his hearing to decide whether to vacate his murder conviction, Tuesday, May 21, 2024, at the Carnahan Courthouse in St. Louis. A Missouri judge on Monday, July 24, 2024, overturned the conviction of Dunn, who has spent more than 30 years in prison for a killing he has long contended he didn’t commit.
Laurie Skrivan/Pool St. Louis Post-Dispatch
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Laurie Skrivan/Pool St. Louis Post-Dispatch
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.
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Trial begins for officer accused of failing to protect children during Uvalde shooting
Flowers and candles are placed around crosses to honor the victims killed in a school shooting, May 28, 2022, outside Robb Elementary School in Uvalde, Texas.
Jae C. Hong/AP
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CORPUS CHRISTI, Texas — One of the first police officers to respond to the 2022 school shooting in Uvalde, Texas, goes on trial Monday on charges that he failed to protect children during the attack, when authorities waited more than an hour to confront the gunman.
Adrian Gonzales, a former Uvalde schools officer, faces 29 counts of child abandonment or endangerment in a rare prosecution of an officer accused of not doing more to stop a crime and protect lives.
The teenage gunman killed 19 students and two teachers at Robb Elementary in one of deadliest school shootings in U.S. history.
Nearly 400 officers from state, local and federal law enforcement agencies responded to the school, but 77 minutes passed from the time authorities arrived until a tactical team breached the classroom and killed the shooter, Salvador Ramos. An investigation later showed that Ramos was obsessed with violence and notoriety in the months leading up to the attack.
Gonzales and former Uvalde schools police chief Pete Arredondo were among the first on the scene, and they are the only two officers to face criminal charges over the slow response. Arredondo’s trial has not yet been scheduled.
The charges against Gonzales carry up to two years in prison if he is convicted. The trial, which is expected to last up to three weeks, begins with jury selection.
Gonzales pleaded not guilty. His attorney has said Gonzales tried to save children that day.
Police and Texas Gov. Greg Abbott initially said swift law enforcement action killed Ramos and saved lives. But that version quickly unraveled as families described begging police to go into the building and 911 calls emerged from students pleading for help.
The indictment alleges Gonzales placed children in “imminent danger” of injury or death by failing to engage, distract or delay the shooter and by not following his active shooter training. The allegations also say he did not advance toward the gunfire despite hearing shots and being told where the shooter was.
State and federal reviews of the shooting cited cascading problems in law enforcement training, communication, leadership and technology, and questioned why officers waited so long.
According to the state review, Gonzales told investigators that once police realized there were students still sitting in other classrooms, he helped evacuate them.
Some family members of the victims have said more officers should be indicted.
“They all waited and allowed children and teachers to die,” said Velma Lisa Duran, whose sister Irma Garcia was one of the two teachers who were killed.
Prosecutors will likely face a high bar to win a conviction. Juries are often reluctant to convict law enforcement officers for inaction, as seen after the Parkland, Florida, school massacre in 2018.
Sheriff’s deputy Scot Peterson was charged with failing to confront the shooter in that attack. It was the first such prosecution in the U.S. for an on-campus shooting, and Peterson was acquitted by a jury in 2023.
At the request of Gonzales’ attorneys, the trial was moved about 200 miles (320 kilometers) southeast to Corpus Christi. They argued Gonzales could not receive a fair trial in Uvalde, and prosecutors did not object.
Uvalde, a town of 15,000, still has several prominent reminders of the shooting. Robb Elementary is closed but still stands, and a memorial of 21 crosses and flower sits near the school sign. Another memorial sits at the downtown plaza fountain, and murals depicting several victims can still be seen on the walls of several buildings.
Jesse Rizo, whose 9-year-old niece Jackie was one of the students killed, said even with three-hour drive to Corpus Christi, the family would like to have someone attend the trial every day.
“It’s important that the jury see that Jackie had a big, strong family,” Rizo said.
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Cuba says 32 Cuban fighters killed in US raids on Venezuela
Havana declares two days of mourning for the Cubans killed in US operation to abduct Nicolas Maduro.
Cuba has announced the death of 32 of its citizens during the United States military operation to abduct and detain Venezuelan President Nicolas Maduro and his wife in Caracas.
Havana said on Sunday that there would be two days of mourning on January 5 and 6 in honour of those killed and that funeral arrangements would be announced.
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The state-run Prensa Latina agency said the Cuban “fighters” were killed while “carrying out missions” on behalf of the country’s military, at the request of the Venezuelan government.
The agency said the slain Cubans “fell in direct combat against the attackers or as a result of the bombing of the facilities” after offering “fierce resistance”.
Cuba is a close ally of Venezuela’s government, and has sent military and police forces to assist in operations in the Latin American country for years.
Maduro and his wife have been flown to New York following the US operation to face prosecution on drug-related charges. The 63-year-old Venezuelan leader is due to appear in court on Monday.
He has previously denied criminal involvement.
Images of Maduro blindfolded and handcuffed by US forces have stunned Venezuelans.
Venezuelan Minister of Defence General Vladimir Padrino said on state television that the US attack killed soldiers, civilians and a “large part” of Maduro’s security detail “in cold blood”.
Venezuela’s armed forces have been activated to guarantee sovereignty, he said.
‘A lot of Cubans’ killed
US President Donald Trump, speaking to reporters on board Air Force One on Sunday, said that “there was a lot of death on the other side” during the raids.
He said that “a lot of Cubans” were killed and that there was “no death on our side”.
Trump went on to threaten Colombian President Gustavo Petro, saying that a US military operation in the country sounded “good” to him.
But he suggested that a US military intervention in Cuba is unlikely, because the island appears to be ready to fall on its own.
“Cuba is ready to fall. Cuba looks like it’s ready to fall. I don’t know how they, if they can, hold that, but Cuba now has no income. They got all of their income from Venezuela, from the Venezuelan oil,” Trump said.
“They’re not getting any of it. Cuba literally is ready to fall. And you have a lot of great Cuban Americans that are going to be very happy about this.”
The US attack on Venezuela marked the most controversial intervention in Latin America since the invasion of Panama 37 years ago.
The Trump administration has described Maduro’s abduction as a law-enforcement mission to force him to face US criminal charges filed in 2020, including “narco-terrorism” conspiracy.
But Trump also said that US oil companies needed “total access” to the country’s vast reserves and suggested that an influx of Venezuelan immigrants to the US also factored into the decision to abduct Maduro.
While many Western nations oppose Maduro, there were many calls for the US to respect international law, and questions arose over the legality of abducting a foreign head of state.
Left-leaning regional leaders, including those of Brazil, Colombia, Chile and Mexico, have largely denounced Maduro’s removal, while countries with right-wing governments, from Argentina to Ecuador, have largely welcomed it.
The United Nations Security Council plans to meet on Monday to discuss the attack. Russia and China, both major backers of Venezuela, have criticised the US.
Beijing on Sunday insisted that the safety of Maduro and his wife be a priority, and called on the US to “stop toppling the government of Venezuela”, calling the attack a “clear violation of international law“.
Moscow also said it was “extremely concerned” about the abduction of Maduro and his wife, and condemned what it called an “act of armed aggression” against Venezuela by the US.
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