EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

Saturday, July 17, 2021

Undisclosed Mega-Update Thread 8

On Friday, July 16, 2020, DA Keith Higgins moved to drop charges against Dennis Perry because the evidence doesn't support a case against Perry for the murders of Harold and Thelma Swain. Assuming the judge signs off on the motion on Monday, Perry will be formally exonerated.

Given this terrific turn of events, I wanted to do an update on the status of all of the cases we've covered on Undisclosed.

Total cases covered: 25 cases.

Relief granted: 15 cases: 11 exonerations: (1) Shaurn Thomas; (2) Terrance Lewis; (3) Willie Veasy; (4) Chester Hollman III; (5) Charles Ray Finch; (6) Theophalis Wilson; (7) Jonathan Irons; (8) Dennis Perry; (9) Ronnie Long; (10) Joseph Webster; and (11) Darrell Ewing. 2 stays of execution: (1) Marcellus Williams; and (2) William Montgomery. 1 commutation: Cyntoia Brown. 1 grant of parole: Cyrus Wilson.

Currently pending: 5 cases. (1) Joey Watkins's successor habeas petition recently authorized to move forward by the Supreme Court of Georgia; (2) Pedro Reynoso's CIU petition; (3) Fred Freeman/Temujin Kensu's CIU petition; (4) John Brookins's DNA petition; and (5) Jeff Titus's CIU petition.

New appeals expected soon: 4 cases: (1) Adnan Syed; (2) Jamar Huggins; (3) Pam Lanier; and (4) Greg Lance.

Options being explored: 1 case: Rocky Myers

1. Adnan Syed

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Adnan Syed was convicted of the 1999 murder of his ex-girlfriend Hae Min Lee (Undisclosed series). After the Circuit Court and the Court of Special Appeals of Maryland granted him a new trial, the Court of Appeals reversed in a 4-3 ruling on March 8, 2019. A new appeal is in the works, which should be filed later this year. And there's also a potential new avenue for Adnan's release, covered by Rabia Chaudry in this Patreon episode from July 9, 2021.

2. Joey Watkins

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Joey Watkins was convicted of the 2000 murder of Isaac Dawkins (Undisclosed series). A few years ago, he filed a successor habeas petition, arguing for a new trial based on (1) a juror improperly doing a drive test during deliberations to see if she could make the cell tower pings work; and (2) the State violating Brady by failing to disclose evidence that a bullet recovered from Dawkins's dog was a different caliber than the bullet recovered from Dawkins. On March 13, 2020, the Supreme Court of Georgia found that both of these claims can move forward. If Joey wins on either of these claims, his conviction will be tossed. Most recently, in a newsletter on July 2, 2021, the Georgia Innocence Project indicated that Joey is still waiting for a date for his habeas hearing, which has been delayed due to COVID-19.

3. Jamar Huggins

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The one witness to implicate Jamar Huggins in a home invasion in Conway, South Carolina in 2014 has since recanted and named the actual person who committed the crime (Undisclosed series). The initial claim was that this was "new evidence" allowing for a new trial. But the Circuit Court found this recantation was known and not used by trial counsel. That decision was affirmed by the Court of Appeals of South Carolina. This was all expected and sets up a pretty compelling argument for ineffective assistance of trial counsel. I'm currently working on that argument with Jamar's attorney.

4. Marcellus Williams

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Marcellus Williams was convicted of the 1998 murder of Felicia Gayle. Governor Eric Greitens  stayed Marcellus Williams's execution in August 2017 (Undisclosed special episode). He also appointed a Board of Inquiry to review his case. That Board has not yet issued its report.

5. Shaurn Thomas

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Shaurn Thomas was convicted of the 1990 murder of Domingo Martinez (Undisclosed series). In March 2017, the Conviction Integrity Unit in Philadelphia threw out Shaurn Thomas's conviction. Philadelphia officials later agreed to pay him $4.15 million.

6. Willie Veasy

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Willie Veasy was convicted of the 1992 murder of John Lewis (Undisclosed series). On October 9, 2019, a judge vacated his conviction, and the State later dropped the charges against him due to compelling evidence of his innocence. On October 15, 2020, Veasy filed a civil action, seeking damages for his years of wrongful conviction.

7. Terrance Lewis


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Terrance Lewis was convicted of the murder of Hulon Bernard Howard in 1996. Judge Barbara McDermott declared Terrance innocent in May 2019, leading to his release from prison (Undisclosed series). On June 30, 2020, it was announced that he had reached a settlement in which the city would pay him $6.25 million. Terrance has since started the Terrance Lewis Foundation, "a non-profit organization dedicated to advocating for wrongfully convicted people who are seeking legal representation."

8. Chester Hollman III

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Chester Hollman III was convicted of the 1991 murder of Tae Jung Ho (Undisclosed series). On July 15, 2019, he was released based on a finding that Hollman was innocent, and all charges against him were subsequently dropped on July 30th. Subsequently, on December 30, 2020, a settlement was reached, pursuant to which Chester Hollman III will be awarded $9.8 million for his 28 years of wrongful conviction.

9. Cyntoia Brown

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Cyntoia Brown was convicted of the 2004 murder and robbery of Johnny Michael Allen (Undisclosed special episode). Governor Bill Haslam granted Cyntoia Brown clemency, and she was released August 7, 2019.

10. Ronnie Long

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Long was convicted of the 1976 rape of Gray Bost (Undisclosed series). In August, 2020, the United States District Court for the Eastern District of North Carolina entered an order vacating Ronnie Long's convictions for first-degree rape and burglary. In September 2020, he was released from prison. On December 17, 2020 North Carolina Governor Roy Cooper issued a Pardon of Innocence for Ronnie Long, making him eligible for $750,000 in compensation. On May 3, 2021, Long filed a civil action, seeking additional compensation for his decades of wrongful conviction.

11. William Montgomery

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William Montgomery was convicted of the 1986 murder of  Debra Ogle (Undisclosed special addendum interview). Governor John Kasich commuted William's death sentence to a life without parole sentence in March 2018.

12. Pamela Lanier

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Pam Lanier was convicted of the 1997 murder of her husband Dorian (Undisclosed series). In the near future, expect a motion for a new trial from the Wake Forest team based on new scientific evidence that Pam's husband died from arsenic poisoning based on ingesting turkey medication rather than being poisoned by her.

13. Dennis Perry

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Dennis Perry was convicted of the 1985 murders of Harold and Thelma Swain (Undisclosed series). In April 2020, it was reported that glasses likely left at the crime scene by the killer had hairs that returned a DNA match for alternate suspect Erik Sparre. A hearing on Dennis's motion for extraordinary relief was held on July 13, 2020. The result of that hearing was Dennis Perry being granted a new trial. On July 23, 2020, he was released from prison. And now, we have the new motion mentioned in the introduction.

14. Charles Ray Finch

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Charles Ray Finch was convicted of the 1976 murder of Richard Holloman (Undisclosed special episode). The Fourth Circuit first found that Charles Ray Finch had proven his "actual innocence."  Then, a federal district court granted his habeas petition and set him free in May 2019.

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On June 16, 2021, Governor Roy Cooper issued a Pardon of Innocence for Finch.

15. Rocky Myers

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Rocky Myers was convicted of murdering Ludie Mae Tucker in 1991 and given a death sentence as a result of judicial override, despite the jury voting 9-3 for a life sentence. As a result, it is difficult to see a path toward exoneration in the courts. That said, we hope that his death sentence can be commuted to a life sentence due to the use of judicial override in his case, and we also hope that we can convince Governor Kay Ivey to stay execution if and when that execution is scheduled (Undisclosed series).

16. Joseph Webster

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Joseph Webster was convicted of the 1998 murder of Leroy Owens (Undisclosed series). Webster was exonerated after a judge agreed with the Davidson County Conviction Review Unit that he was wrongfully convicted, and he was released on November 10, 2020. Based on a GoFundMe fundraiser, Joseph will be able to move into his own apartment.

17. Cyrus Wilson

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Cyrus Wilson was convicted of the 1992 murder of Christopher Luckett (Undisclosed special episode). On October 23, 2019, he was granted parole by the Tennessee Board of Parole.

18. Greg Lance

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Greg Lance was convicted of the murders of Victor and Alla Kolesnikow in 1998 (Undisclosed series). Appellate options are currently being explored in his case.

19. Pedro Reynoso

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Pedro Reynoso was convicted of the 1991 murders of Charles Rivera and Carlos Torres (Undisclosed special episode). In December, the Pennsylvania Board of Pardons voted to hold his case under advisement to determine if they are allowed to consider actual innocence claims. His case is also being reviewed by Philadelphia's Conviction Integrity Unit.

20. Theophalis Wilson

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Theophalis Wilson was convicted of the 1989 murders of Otis Reynolds, Gavin Anderson, and Kevin Anderson (Undisclosed special episode). On January 21, 2020, a judge declared him innocent of these murders and set him free. Earlier this year, Wilson filed a civil action seeking compensation for his decades of wrongful conviction.

21. Fred Freeman/Temujin Kensu

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Fred Freeman was convicted of the murder of Scott Macklem in 1986 (Undisclosed series). His case is currently before the statewide Conviction Integrity Unit, whose operations have been put on hold due to COVID. His clemency request is also on the desk of Governor Gretchen Whitmer.

22. Jonathan Irons

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Jonathan Irons was convicted of a burglary and shooting that occurred at the home of Stanley Stotler in O'Fallon, Missouri back in 1997 (Undisclosed series). On June 30, 2020, the Supreme Court of Missouri refused to hear the State's appeal from Judge Daniel Green's opinion granting Jonathan Irons a new trial. On July 1, 2020, Jonathan was released from prison. The following day, the prosecutor announced that he would not take Jonathan's case back to trial. Jonathan was then released from prison. On March 8, 2021, Irons filed a civil action seeking compensation for his decades of wrongful conviction.

23. John Brookins

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John Brookins was convicted of the 1990 murder of Sheila Ginsberg (Undisclosed series). John has a currently pending DNA petition.

24. Jeff Titus

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Jeff Titus was convicted of the 1990 murders of Doug Estes and James Bennett in the Fulton State Game Area in Kalamazoo County (Undisclosed series). Titus's case is currently being reviewed by Michigan's statewide Conviction Integrity Unit.

25. Darrell Ewing

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Darrell Ewing was convicted of the 2009 murder of J.B. Watson in Detroit, Michigan (Undisclosed series). Ewing was eventually granted a new trial based upon jury misconduct, and the State ran out of appeals for that ruling on March 2, 2021. The State is currently deciding whether to take Ewing's case back to trial, but, given that another man has confessed to committing the murder, a retrial seems like a losing proposition for the State.

-CM

https://lawprofessors.typepad.com/evidenceprof/2021/07/on-friday-july-16-2020-da-keith-higgins-moved-to-drop-charges-against-dennis-perry-because-the-evidence-doesnt-support-a-c.html

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