Christopher Dunn, now 52 years old, was 19 when he was given a life sentence without the possibility of release for the 1990 shooting death of a teen. No tangible evidence connected the detained Black man to the murder of Ricco Rogers, according to court records that were submitted on Friday in an effort to get his conviction overturned in Missouri, CNN said.
In addition, it was noted in the documents that Dunn was found guilty based on the eyewitness accounts of two children, aged 12 and 15, who later changed their stories under oath and admitted lying about the murder.
During the appeals process, Dunn’s mother and sister also testified, stating that the imprisoned Black man was watching television at home the night Rogers was killed. They also claimed that Dunn, who was found guilty in 1991, spoke on the phone with a buddy during that time, according to the motion.
“For the last 33 years, Mr. Dunn has been incarcerated for a crime in which there is clear and convincing evidence he did not commit,” the St. Louis Circuit Attorney’s Office said in a statement on Monday. “We have an ethical duty to work to correct this injustice.”
The prosecutors, in the statement, also said, they are hopeful the Black man’s “wrongful conviction is set aside for the sake of Mr. Dunn, his family, and the people of the city of St. Louis.”
The motion stated that Dunn’s case was reviewed by a Texas County Circuit Court judge in 2020. After analyzing the evidence, the judge reportedly said “The court does not believe that any jury would now convict Christopher Dunn under these facts.”
Despite the case review, Missouri law does not give the judge the power to overturn a conviction on the grounds that a person is innocent, CNN reported. That can only be done if the individual has been sentenced to death.
Lawyers for Dunn said that Missouri is the only state that has a law of such nature. “Until the legislature changes the law, only a prosecutor can petition a court to free an innocent defendant sentenced to anything less than death,” his lawyers said in a news release.
The prosecutor’s motion will be heard by a circuit court, according to Tricia Rojo Bushnell, executive director of the Midwest Innocence Project, who also noted that previous prisoners who had been unfairly imprisoned had been freed using this procedure.
Bushnell also said that while the Missouri attorney general may attend the hearing, the judge will decide whether to grant the motion. Also unknown is if a hearing date has been established for Dunn’s case.
“We thank the circuit attorney’s office for her efforts to pursue justice in Chris’ case, and we look forward to presenting the evidence of his innocence to the court,” Dunn’s attorneys said.