A Missouri judge this week threw out the murder conviction of a man who has spent 34 years behind bars because two witnesses who testified against him recanted. But prison officials have refused to release him.
Christopher Dunn, 52, was sentenced to life in prison for the fatal shooting of 15-year-old Ricco Rogers on May 18, 1990 in St. Louis.
The case against Dunn rested solely on the testimony of two children - a 12-year-old boy and a 14-year-old boy - both of whom later recanted.
Circuit Court Judge Jason M. Sengheiser vacated the murder conviction on Monday.
"This is a great day for Christopher Dunn and a great day for justice," Circuit Attorney Gabe Gore said.
But justice will have to wait for Dunn.
The Missouri Attorney General's office opposed Dunn's release during two days of hearings over whether to vacate the conviction.
The judge ruled to clear Dunn after hearing the testimony. He then ordered Dunn to be "immediately" freed from custody.
But Republican Attorney General Andrew Bailey appealed the judge's ruling and a Department of Corrections spokeswoman says he will be held until they learn the outcome of that legal action.
Gore is upset that Dunn is still being held and is considering what they can do to force the state to follow the order to free him.
Dunn's wife, Kira, said they would hold off really celebrating until he's freed, the Associated Press reported.
"We are overjoyed, and at the same time, we're also afraid to really exhale until Chris actually takes his first free steps and feels the free ground against his feet," Kira Dunn said. "When that happens, I think all these feelings we've been holding onto for so long will finally erupt."
Dunn is the third person to be exonerated in Missouri since a 2021 law was passed allowing prosecutors to seek the exoneration of individuals sentenced to life without parole.
In June, a judge overturned the conviction of a woman who spent 43 years in prison.
Sandra Hemme, 64, was ordered freed after defense lawyers argued that a corrupt cop committed the grisly 1980 killing that she was convicted of carrying out.
But she was no immeditatly freed either as Bailey appealed her release all the way to the state supreme court. She was only released after a judge threatened Bailey with a contempt of court order, according to the Associated Press.
