The SurpassingMissouri Supreme Court halted the release of a man whose murder conviction was overturned this week, hours before he was due to be set free after spending over 30 years in prison.
Christopher Dunn, 52, was ordered by St. Louis Circuit Court Judge Jason Sengheiser to be released on Wednesday by 6 p.m., according to court documents, an order that Missouri's Attorney General Andrew Bailey had been fighting.
Just as Dunn's paperwork for release was being completed, the Missouri Department of Corrections received word that the Missouri Supreme Court had vacated the order, and a stay is currently in place. Dunn remains in custody and no further action is expected to occur before Monday, Missouri Department of Corrections Communications Director Karen Pojmann confirmed to USA TODAY.
The Associated Press reported that Dunn's wife was on her way to pick him up.
Here's what to know about Dunn's case and overturned release order from prison.
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Dunn, who is Black, had been in prison since 1991 and was convicted of first-degree murder in the 1990 shooting of 15-year-old Ricco Rogers. He was sentenced to life in prison without the possibility of parole.
He was 18 at the time and was convicted largely on testimony from two boys, ages 12 and 14, who both later recanted their testimonies and said they had been coerced by prosecutors and police, the Missouri Independent reported.
Dunn was convicted of murder and assault in 1991, but Sengheiser overturned that on Monday, finding that "in light of the new evidence, no juror, acting reasonably, would have voted to find Dunn guilty of these crimes beyond a reasonable doubt," the Missouri Independent reported.
Judge William Hickle agreed at a 2020 evidentiary hearing that a jury would likely find Dunn not guilty based on new evidence, ABC News reported. Hickle did not exonerate Dunn, however, citing the 2016 Missouri Supreme Court ruling from Lincoln v. Cassady that only death row inmates can make an innocence claim.
But even after Sengheiser ordered Dunn to be released on Wednesday, Bailey appealed the ruling and the Missouri Department of Corrections denied his release while the agency waits for ruling on the appeal, NPR reported.
Contributing: Missouri Independent
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