St. Louis’ top prosecutor has called for the immediate release of Christopher Dunn, whose murder conviction was overturned after 33 years, but who remains imprisoned due to an appeal by Missouri’s attorney general. The case, which has drawn significant attention, highlights the complexities and conflicts within the legal system regarding wrongful convictions.
Circuit Judge Jason Sengheiser convened an emergency hearing on Wednesday afternoon, following his Monday ruling that overturned the conviction of 52-year-old Christopher Dunn. Judge Sengheiser cited evidence of “actual innocence” in the 1990 murder case, ordering the state to “immediately discharge Christopher Dunn from its custody.” Despite this ruling, Dunn remains incarcerated at the state prison in Licking, Missouri, as the Missouri Department of Corrections adheres to an appeal filed by Republican Attorney General Andrew Bailey.
St. Louis Circuit Attorney Gabe Gore, in a motion filed on Wednesday, urged Judge Sengheiser to enforce his order for Dunn’s release. Gore emphasized that the Attorney General does not have the authority to ignore a court order. “The Attorney General cannot unilaterally decide to ignore this Court’s Order,” Gore stated in his motion.
A court filing revealed that an attorney for the Department of Corrections informed a lawyer in Gore’s office that Bailey advised the agency to keep Dunn in custody until the appeal process concludes. The Department of Corrections attorney stated that they would follow the Attorney General’s advice despite the court order.
The Attorney General’s office did not respond to requests for comment on the matter.
Dunn’s situation mirrors the case of Sandra Hemme, a 64-year-old woman who spent 43 years in prison for a fatal stabbing in St. Joseph in 1980. A judge overturned her conviction on June 14, citing evidence of “actual innocence.” Despite this, appeals by Bailey delayed her release until Judge Ryan Horsman threatened to hold Bailey in contempt of court. Hemme was subsequently released.
In Dunn’s case, he was convicted of first-degree murder for the 1990 shooting of 15-year-old Ricco Rogers. After re-examining the case, Gore’s office filed a motion in February seeking to vacate the guilty verdict. Judge Sengheiser’s ruling underscored a “clear and convincing showing of ‘actual innocence’,” stating that no reasonable juror would have convicted Dunn in light of new evidence.
The initial conviction relied heavily on the testimony of two boys who identified Dunn as the shooter. Both have since recanted their statements. Despite this, lawyers for Bailey’s office maintain that the original testimony was accurate.
A Missouri law enacted in 2021 allows prosecutors to request hearings when they find evidence of wrongful convictions. While Bailey’s office is not mandated to oppose these efforts, it has done so in multiple cases, including the high-profile case of Lamar Johnson, who was freed after 28 years in prison when a judge ruled he was wrongfully convicted.
Another contentious case involves death row inmate Marcellus Williams, who is scheduled for execution on September 24. St. Louis County Prosecuting Attorney Wesley Bell has filed a motion to vacate Williams’ conviction, citing expert analysis that Williams’ DNA was not on the murder weapon. Bailey’s office is opposing this challenge as well, with a hearing set to begin on August 21.
