The one-page order came at the request of Missouri Attorney General Andrew Bailey.
On Monday, St. Louis Circuit Judge Jason Sengheiser ruled Dunn was wrongfully convicted of murder and assault in 1991 and should be immediately released, 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.”
Dunn was convicted largely on the testimony of two boys, aged 12 and 14, who later recanted, saying they were coerced by police and prosecutors.
But instead of being released, prison officials agreed to keep Dunn in prison at the request of Bailey.
Sengheiser said Bailey overstepped his authority and was ready to hold him in contempt if Dunn was not released.
Bailey continued to try to block Dunn’s release, falling short with the Missouri Court of Appeals before getting an order keeping Dunn behind bars Wednesday evening.
“Two courts have now found that no juror would convict Mr. Dunn after reviewing the credible evidence of his innocence,” Midwest Innocence Project, which is representing Dunn, said in a statement to the media. “And yet, with no remaining conviction, an innocent person remains behind bars. That is not justice. We will continue to pursue every avenue to secure Mr. Dunn’s freedom.”
