Suppose you went to prison in 1979 for murders you didn't commit. Your picture above was taken way back then, before your conviction, but you look different now, using a wheelchair.
Four decades behind bars can take their toll on the spirit, too, but last year came a new reason to hope. The Midwest Innocence Project and volunteers from a major law firm had assembled new evidence of your innocence and were taking it to the prosecuting attorney.
Two months ago, good news brought another reason to hope. The prosecutor announced that she had become convinced of your innocence and was going to work to set you free. Announcements like that are as rare as quintuplets.
As this blog noted at the time, Kansas City Prosecutor Jean Peters Baker had no ethical obligation to petition the court for your release but she did so anyway! With her on your side - not to mention the "dream team" of volunteer lawyers - how hard could it be?
Well, it turns out, a lot harder than it sounds. Missouri law does not spell out any way for you - at this point in your case - to bring it back into court for another look. Your lawyers tried to solve that problem by filing a petition for a writ of habeas corpus with the Missouri Supreme Court. The Court denied it.
How about a pardon by the governor? So far, the governor has not granted a pardon and it looks unlikely. Almost 3,000 clemency petitions await consideration by Gov. Mike Parson, and he told a reporter that yours was not a priority.
Despite the setbacks, your lawyers don't give up. The prison holding you is in DeKalb County, so they file a petition in that county's circuit court. The court schedules a hearing to begin on August 12.
But the Missouri Attorney General opposes. His office files a pleading arguing that you are guilty, suggesting that you tried to tamper with a witness. The attorney general also seeks a postponement of the August 12 hearing.
The Missouri Attorney General's office has a history of being hardnosed in exoneration cases but in this instance the AG is acting particularly strangely. The AG has served a subpoena on the Kansas City prosecutor, and it is shocking.
The subpoena demands that the Kansas City prosecutor turn over records of all communications between her office and other officials who want you freed, including the mayor of Kansas City. The subpoena also requires the production of communications between the prosecutor's office and local news media.
But the court did postpone the hearing. It's now set to begin on November 19.
However, you may not have to wait that long. The governor has signed a new criminal justice law and it takes effect later this month. This law specifically authorizes a prosecutor to ask a court to overturn the conviction of someone who has been wrongfully convicted.
Prosecutor Baker no longer will be limited to filing a supporting brief but will be a full party. She is preparing to go into court on your behalf the day the law takes effect. I'm betting she wins. Hang in there!
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