Christopher Dunn will stay in prison after the Missouri Supreme Court stepped in to pause a recent decision that had overturned his conviction. This emergency stay was granted on Wednesday evening, stopping a ruling from St. Louis Circuit Judge Jason Sengheiser that would have released Dunn.
Dunn, who has been in prison for over 33 years for a 1991 murder and assault conviction, was found by Judge Sengheiser to be innocent. The ruling was based on weak evidence and the recantation of two boys who initially testified against Dunn. However, despite the judge’s order for Dunn’s release, he remained in custody because Missouri Attorney General Andrew Bailey quickly sought help from the Supreme Court to prevent his release.
In a virtual hearing, Judge Sengheiser gave the warden of Dunn’s prison until 6 p.m. to release him, threatening contempt if he didn’t comply. Yet, the Supreme Court’s intervention put a hold on this order.
Dunn’s supporters and legal team, including the Midwest Innocence Project, are frustrated by the delay. They argue that Dunn, who is now without a conviction, should not be in prison. The Supreme Court has given Judge Sengheiser until Friday to respond to Bailey’s appeal.
Layla Husen, an attorney for the St. Louis circuit attorney’s office, revealed that the Missouri Department of Corrections was instructed not to release Dunn until the appeal was resolved. She argued this refusal to comply with the release order was improper.
In February, St. Louis Circuit Attorney Gabe Gore requested that Dunn’s conviction be overturned, citing new evidence proving his innocence. Although Bailey opposed this motion, Judge Sengheiser agreed that no reasonable jury would convict Dunn with the new evidence.
Bailey has previously fought against the release of other wrongfully convicted individuals, such as Sandra Hemme, who was finally released last week after a lengthy legal battle.