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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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Supreme Court blocks redrawing of New York congressional map, dealing a win for GOP
The Supreme Court
Win McNamee/Getty Images
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The Supreme Court on Monday intervened in New York’s redistricting process, blocking a lower court decision that would likely have flipped a Republican congressional district into a Democratic district.
At issue is the midterm redrawing of New York’s 11th congressional district, including Staten Island and a small part of Brooklyn. The district is currently held by a Republican, but on Jan. 21, a state Supreme Court judge ruled that the current district dilutes the power of Black and Latino voters in violation of the state constitution.
GOP Rep. Nicole Malliotakis, who represents the district, and the Republican co-chair of the state Board of Elections promptly appealed to the U.S. Supreme Court, asking the justices to block the redrawing as an unconstitutional “racial gerrymander.” New York’s congressional election cycle was set to officially begin Feb. 24, the opening day for candidates to seek placement on the ballot.
As in this year’s prior mid-decade redistricting fights — in Texas and California — the Trump administration backed the Republicans.
Voters and the State of New York contended it’s too soon for the Supreme Court to wade into this dispute. New York’s highest state court has not issued a final judgment, so the voters asserted that if the Supreme Court grants relief now “future stay applicants will see little purpose in waiting for state court rulings before coming to this Court” and “be rewarded for such gamesmanship.” The state argues this is an issue for “New York courts, not federal courts” to resolve, and there is sufficient time for the dispute to be resolved on the merits.
The court majority explained the decision to intervene in 101 words, which the three dissenting liberal justices summarized as “Rules for thee, but not for me.”
The unsigned majority order does not explain the Court’s rationale. It says only how long the stay will last, until the case moves through the New York State appeals courts. If, however, the losing party petitions and the court agrees to hear the challenge, the stay extends until the final opinion is announced.
Dissenting from the decision were Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. Writing for the three, Sotomayor said that if nonfinal decisions of a state trial court can be brought to highest court, “then every decision from any court is now fair game.” More immediately, she noted, “By granting these applications, the Court thrusts itself into the middle of every election-law dispute around the country, even as many States redraw their congressional maps ahead of the 2026 election.”
Monday’s Supreme Court action deviates from the court’s hands-off pattern in these mid-term redistricting fights this year. In two previous cases — from Texas and California — the court refused to intervene, allowing newly drawn maps to stay in effect.
Requests for Supreme Court intervention on redistricting issues has been a recurring theme this term, a trend that is likely to grow. Earlier last month the high court allowed California to use a voter-approved, Democratic-friendly map. California’s redistricting came in response to a GOP-friendly redistricting plan in Texas that the Supreme Court also permitted to move forward. These redistricting efforts are expected to offset one another.
But the high court itself has yet to rule on a challenge to Louisiana’s voting map, which was drawn by the state legislature after the decennial census in order to create a second majority-Black district. Since the drawing of that second majority-black district, the state has backed away from that map, hoping to return to a plan that provides for only one majority-minority district.
The Supreme Court’s consideration of the Louisiana case has stretched across two terms. The justices failed to resolve the case last term and chose to order a second round of arguments this term adding a new question: Does the state’s intentional creation of a second majority-minority district violate the constitution’s Fourteenth and Fifteenth Amendments’ guarantee of the right to vote and the authority of Congress to enforce that mandate?
Following the addition of the new question, the state of Louisiana flipped positions to oppose the map it had just drawn and defended in court. Whether the Supreme Court follows suit remains to be seen. But the tone of the October argument suggested that the court’s conservative supermajority is likely to continue undercutting the 1965 Voting Rights Act.
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Map: Earthquake Shakes Central California
Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown. The New York Times
A minor earthquake with a preliminary magnitude of 3.5 struck in Central California on Monday, according to the United States Geological Survey.
The temblor happened at 7:17 a.m. Pacific time about 6 miles northwest of Pinnacles, Calif., data from the agency shows.
As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.
Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Monday, March 2 at 10:20 a.m. Eastern. Aftershocks data is as of Monday, March 2 at 11:18 a.m. Eastern.
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US says Kuwait accidentally shot down 3 American jets
The U.S. and Israel have been conducting strikes against targets in Iran since Saturday morning, with the aim of toppling Tehran’s clerical regime. Iran has fired back, with retaliatory assaults featuring missiles and drones targeting several Gulf countries and American bases in the Middle East.
“All six aircrew ejected safely, have been safely recovered, and are in stable condition. Kuwait has acknowledged this incident, and we are grateful for the efforts of the Kuwaiti defense forces and their support in this ongoing operation,” Central Command said.
“The cause of the incident is under investigation. Additional information will be released as it becomes available,” it added.
In a separate statement later Monday, Central Command said that American forces had been killed during combat since the strikes began.
“As of 7:30 am ET, March 2, four U.S. service members have been killed in action. The fourth service member, who was seriously wounded during Iran’s initial attacks, eventually succumbed to their injuries,” it said.
Major combat operations continue and our response effort is ongoing. The identities of the fallen are being withheld until 24 hours after next of kin notification,” Central Command added.
This story has been updated.
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