The day after St. Louis Circuit Judge Jason Sengheiser overturned Christopher Dunn’s conviction and ordered that he be released immediately, Dunn remains in a Missouri prison.
Dunn, 54, a St. Louis native convicted of murder and assault in 1991, has spent 33 years locked away for what Sengheiser determined was a wrongful conviction based largely on the testimony of two boys, ages 12 and 14. The witnesses later recanted, saying they were coerced by police and prosecutors.
MORE: St. Louis judge gives warden 6 p.m. deadline to release Christopher Dunn
Following the judge’s decision on Monday, Missouri Attorney General Andrew Bailey notified the court that he plans to appeal the ruling, which is likely what is holding up Dunn’s release, officials with Gore's office said.
But according to Special Assistant Circuit Attorney Booker Shaw, they are currently working out their strategy, and if an appeal is filed, they plan to contest it.
“We’re kind of in uncharted territory, because there’s no legal basis for them to have filed the appeal in the first place,” Shaw said Tuesday. “We are hopeful that the court will recognize that and move expeditiously to allow his release.”
Dunn’s wife, Kira, said she and his loved ones are holding their breath.
“We are overjoyed and at the same time, we are also afraid to really exhale until Chris actually takes his first free steps and feels the free ground against his feet,” Kira said. “When that happens, I think the feelings we’ve been holding onto for so long will finally erupt.
“We are hopeful that the next time you hear about this case that it will be the news of Chris walking as a free man into the world finally, after 34 years of wrongful conviction.”
St. Louis Circuit Attorney Gabe Gore in February asked the court to vacate Dunn’s murder conviction in the fatal shooting of 15-year-old Ricco Rogers. Bailey opposed Gore’s motion, but Sengheiser ruled Monday the St. Louis prosecutor “made a clear and convincing showing of actual innocence that undermines the basis for Dunn’s convictions.”
Sengheiser stated 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. If the ruling is upheld, this will be Gore’s first motion to vacate to be granted since he became circuit attorney.
“In our view the judge’s order was very clear, ordering his immediate release,” Gore said Tuesday. “Based on that, we are considering what legal options we have to obtain Mr. Dunn’s relief, but that’s something that we have not made any decisions on at this point.”
As of Tuesday afternoon, it was unclear when Dunn would be officially released.
Attorney General Bailey’s office did not immediately respond to a request for comment.
