Christopher Dunn’s Near Freedom: The Battle Against a Wrongful Conviction

Christopher Dunn’s Near Freedom: The Battle Against a Wrongful Conviction

Christopher Dunn’s Journey to Justice

Christopher Dunn was just steps away from freedom, dressed in civilian clothes he had chosen months in advance. A sage green button-down, a blazer, and a green and blue tie completed his ensemble. After 34 years, he was finally wearing real underwear, and he had discarded his prison toothbrush, anticipating a new one from his wife, who was waiting in the parking lot.

Two days prior, a judge had ruled in Dunn’s favor, declaring he was wrongfully convicted of murder in 1990. However, just as the Missouri Department of Corrections was finalizing his release papers, the warden received a call. The state Supreme Court had intervened, halting the release order after the state attorney general’s appeal to keep Dunn imprisoned.

“It was probably the highest high and lowest low I can remember in my life,” said Kira Dunn, who had flown in from California to witness her husband’s release. “We were completely stunned. He was literally 50 feet from freedom,” she added.

On the preceding Monday, St. Louis Circuit Court Judge Jason Sengheiser had ruled Dunn, 52, was wrongfully convicted of the murder of 15-year-old Ricco Rogers, ordering his release by Wednesday evening. The judge’s decision was based on the proof of Dunn’s “actual innocence,” as two witnesses who had previously identified him as the killer recanted their testimony, claiming police had coerced them.

Missouri Attorney General Andrew Bailey contested the recantations, asserting they were coerced and that Dunn was, in fact, guilty. However, Sengheiser dismissed his claims, stating, “The Attorney General provided zero evidence to support these allegations.”

Hours after the ruling, Bailey filed an appeal. Just before the deadline to release Dunn, the state Supreme Court intervened, pausing the release to allow the appeal process to unfold. The court could potentially rule on the case and set Dunn free as soon as the following week. In the meantime, he had to return to his prison jumpsuit.

“He had gotten rid of all his property at the prison,” Kira Dunn said. “We’re so hurt and, frankly, don’t understand why the person who’s tasked with defending the well-being of Missourians would do this.”

For decades, Dunn had maintained his innocence. In 2020, a judge had indicated a jury would likely find him not guilty based on new evidence, but could not exonerate him as only those on death row in Missouri were eligible for that ruling. In 2021, a new law was passed, expanding the eligibility for new hearings, allowing for the possibility of addressing wrongful convictions based on new evidence.

In February of this year, St. Louis Prosecutor Gabe Gore filed a motion to vacate Dunn’s guilty verdict. Court documents revealed that Bailey had advised the Department of Corrections to delay Dunn’s release until the appeal was resolved.

“Throughout the appeals process, multiple courts have affirmed Christopher Dunn’s murder conviction,” said a spokesperson for Bailey. “We will always fight for the rule of law and to obtain justice for victims.”

Bailey’s actions have raised eyebrows, as this was not the first time he sought to appeal an overturned conviction. After the conviction of Sandra Hemme was overturned for a 1980 fatal stabbing, Bailey’s office had also advised prison officials not to release her until the appeals process was completed. The state’s top court ultimately agreed with the vacated ruling, and Hemme was released after the judge indicated Bailey would have to appear in court if she was not.

Political analysts have noted that Bailey’s legal rationale for not allowing Dunn’s release was scant, suggesting a political motive. Facing a primary challenge from attorney Will Scharf, who has ties to high-profile political figures, Bailey’s actions could be an attempt to solidify his “law and order” credentials with national party officials.

“He seems to be throwing spaghetti at the walls trying to signal as much as possible to national Republicans that he’s conservative enough,” said a political science professor. “Unfortunately, Dunn has found himself as a chess piece here.”

On Thursday, Dunn’s legal team filed a motion with the Missouri Supreme Court, asserting that Bailey had no legal standing to appeal the judge’s ruling and that only the prosecutor who had advocated for Dunn’s release could do so. “This tug-of-war should end,” they stated.

On the day Dunn was supposed to be released, his family had gathered to witness the moment. Kira Dunn, after learning that her husband would not be walking out of prison, sought to speak with the warden, who allowed her a moment with Dunn. “The light was out of Dunn’s eyes,” she recounted. They held hands, and she reassured him that this was just a bump in the road, promising to return the following week to wait for him.

“We’ve been waiting a long, long time,” she said. “I guess we’ll just keep waiting.”

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