When the Cops are Crooks

In Missouri, judge just ruled that a man whose conviction was overturned and directed that he be releases, but the state attorney general has ignored the order, because he doesn't want to.

This is not an an injunction pending an appeal, it's just the AG refusing a judge's order.

Maybe the judge should frog march Attorney General Andrew Bailey out of his office in handcuffs.

That should get his attention:

For the second time in weeks, a Missouri prison has ignored a court order to release an inmate whose murder conviction was overturned. Just as in the case of Sandra Hemme, actions by the state’s attorney general are keeping Christopher Dunn locked up.

St. Louis Circuit Judge Jason Sengheiser on Monday tossed out Dunn’s conviction for a 1990 killing. Dunn, 52, has spent 33 years behind bars, and he remained Tuesday at the state prison in Licking. “The State of Missouri shall immediately discharge Christopher Dunn from its custody,” Sengheiser’s ruling states.

Dunn wasn’t released after his conviction was overturned because Republican Attorney General Andrew Bailey appealed the judge’s ruling, “and we’re awaiting the outcome of that legal action,” Missouri Department of Corrections spokeswoman Karen Pojmann said in an email Tuesday.

The decision to keep Dunn incarcerated puzzled St. Louis Circuit Attorney Gabe Gore, whose office investigated his case and determined he was wrongfully convicted, prompting a May hearing before Sengheiser.

………

Dunn’s situation is similar to what happened to Hemme, 64, who spent 43 years in prison for the fatal stabbing of a woman in St. Joseph in 1980. A judge on June 14 cited evidence of “actual innocence” and overturned her conviction. She had been the longest-held wrongly incarcerated woman known in the U.S., according to the Midwest Innocence Project, which worked to free Hemme and Dunn.

But appeals by Bailey — all the way up to the Missouri Supreme Court — kept Hemme imprisoned at the Chillicothe Correctional Center. During a court hearing Friday, Judge Ryan Horsman said that if Hemme wasn’t released within hours, Bailey himself would have to appear in court with contempt of court on the table. She was released later that day.

(emphasis mine)

The judge also scolded Bailey’s office for calling the Chillicothe warden and telling prison officials not to release Hemme after he ordered her to be freed on her own recognizance. It wasn’t clear if the attorney general’s office similarly called prison officials at the prison where Dunn is housed.

(emphasis mine)

………

A Missouri law adopted in 2021 lets prosecutors request hearings when they see evidence of a wrongful conviction. Although Bailey’s office is not required to oppose such efforts, he also did so at a hearing for Lamar Johnson, who spent 28 years in prison for murder. Another St. Louis judge ruled in February 2023 that Johnson was wrongfully convicted, and he was freed.

Another hearing begins Aug. 21 for death row inmate Marcellus Williams. Bailey’s office is opposing the challenge to Williams’ conviction, too.

This is is just political posturing, and it should be criminal.

Baily is a Republican, of course, so keeping innocent people in jail so that he can run for Governor is par for the course.