Christopher Dunn was wrongfully convicted of murder and assault in 1991, and after 33 years in a Missouri state prison, should be released immediately, St. Louis Circuit Judge Jason Sengheiser ruled Monday afternoon.  

Missouri Attorney General Andrew Bailey’s office plans to appeal, which would likely block Dunn’s release.

St. Louis Circuit Attorney Gabe Gore asked the court in February to vacate Dunn’s murder conviction in the 1990 fatal shooting of 15-year-old Ricco Rogers.  Gore said the evidence shows Dunn, a 54-year-old St. Louis native serving a life sentence without parole, was innocent of the murder for which he was convicted.

Bailey opposed Gore’s motion, but Sengheiser ruled the St. Louis prosecutor, “made a clear and convincing showing of actual innocence that undermines the basis for Dunn’s convictions, because in light of the new evidence, no juror, acting reasonably, would have voted to find Dunn guilty of these crimes beyond a reasonable doubt.” 

The State of Missouri, Senghauser wrote, “shall immediately discharge Christopher Dunn from its custody.”

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.

Tricia Rojo Bushnell, executive director of Midwest Innocence Project, which represented Dunn, said no evidence remains to support Dunn’s conviction, “which has kept him wrongly behind bars, away from his loved ones, for more than half of his life.”

“Chris’ case is yet another example of how difficult it is to overturn a wrongful conviction in Missouri, even when the prosecutor supports it,” she said.

At the evidentiary hearing, the attorney general’s office presented “nothing that challenged the body of evidence showing Chris is innocent,” Bushnell said. “The attorney general’s opposition to Chris’ release and to other innocence cases must be addressed and corrected. The office wasted valuable resources and taxpayer money in its effort to keep Chris behind bars.”

A spokeswoman for Bailey declined comment.

This story was updated at 7 p.m. to reflect the attorney general’s appeal.