A circuit judge, an appellate court and the Missouri Supreme Court agree that a woman whose murder conviction was overturned should be free after 43 years in prison.

A circuit judge, an appellate court and the Missouri Supreme Court agree that a woman whose murder conviction was overturned should be free after 43 years in prison.

Yet Sandra Hemme is still behind bars, leaving her lawyers and legal experts puzzled.

“I’ve never seen it,” said Michael Wolff, a former Missouri Supreme Court judge and professor and dean emeritus of Saint Louis University Law School. “Once the courts have spoken, the courts should be obeyed.”

The lone holdup to freedom for the 64-year-old woman is opposition from Missouri Attorney General Andrew Bailey, who has filed court actions seeking to force her to serve additional years for decades-old prison assault cases. The warden at the Chillicothe Correctional Center has declined to let Hemme go, based on Bailey’s actions.

  • jettrscga@lemmy.worldEnglish
    21·
    5 months ago

    Bailey, who was appointed attorney general … has a history of opposing overturning convictions, even when local prosecutors cite evidence of actual innocence.

    In 2023, Bailey’s office argued against then-St. Louis Circuit Attorney Kim Gardner’s effort to overturn the murder conviction of Lamar Johnson, who was imprisoned 28 years. A St. Louis judge sided with Johnson, who was freed.

    Bailey’s office also argued in court in May against freeing Christopher Dunn, who has spent 33 years in prison for a 1990 killing that St. Louis Circuit Attorney Gabe Gore determined that Dunn probably didn’t commit. A judge is still deciding that case.

    And Bailey is opposing St. Louis County Prosecuting Attorney Wesley Bell’s effort to set aside the murder conviction of Marcellus Williams. A hearing is Aug. 21 — just a month before Williams is scheduled to be executed. Testing unavailable at the time of the 1998 stabbing death found another person’s DNA on the knife, but not Williams’.

    I would love to hear his justification for all of these. Is it just the for-profit prison money, or the pride of not being wrong?