Tuesday, September 20, 2022
Undisclosed Mega-Update Thread 10
Yesterday, Judge Melissa Phinn granted the joint motion by the prosecution and defense to vacate Adnan Syed's murder conviction. Given this terrific turn of events, I wanted to do an update on the status of all of the cases we covered on Undisclosed.
Total cases covered: 27 cases.
Relief granted: 17 cases: 13 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; (11) Darrell Ewing; (12) Joey Watkins; and (13) Adnan Syed. 2 stays of execution: (1) Marcellus Williams; and (2) William Montgomery. 1 commutation: Cyntoia Brown. 1 grant of parole: Cyrus Wilson.
Currently pending: 6 cases. (1) Pedro Reynoso's CIU petition; (2) Fred Freeman/Temujin Kensu's CIU petition; (3) John Brookins's DNA petition; (4) Jeff Titus's CIU petition; (5) Pam Lanier's motion for a new trial; and (6) Wayne Braddy and Karl Willis's motion for a new trial.
New appeals expected soon: 3 cases: (1) Jamar Huggins; (2) Greg Lance; and (3) Jason Carroll
Options being explored: 1 case: Rocky Myers
1. Adnan Syed
Adnan Syed was convicted of the 1999 murder of his ex-girlfriend Hae Min Lee (Undisclosed series). As noted, yesterday, Judge Phinn vacated his conviction and set him free.
2. Joey Watkins
Joey Watkins was convicted of the 2000 murder of Isaac Dawkins (Undisclosed series). Judge Don W. Thompson of the Superior Court of Walker County granted Joey Watkins's petition for writ of habeas corpus on April 11, 2022, meaning that Joey's conviction for murdering Isaac Dawkins has been tossed. The State's appeal to the Supreme Court of Georgia will be heard on October 4th.
3. Jamar Huggins
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
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
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
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. Willie ultimately settled with the State for $5 million.
7. Terrance Lewis
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
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
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
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
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
Pam Lanier was convicted of the 1997 murder of her husband Dorian (Undisclosed series). Pam's team at Wake Forest has filed motion for a new trial based on new scientific evidence that Pam's husband died from arsenic poisoning based on ingesting turkey medication rather than being poisoned by her. A hearing that was scheduled for June 27, 2022 was postponed.
13. Dennis Perry
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. Legislators in Georgia recently cleared legislation that "would pay 60-year-old Dennis Perry $1.23 million for the 20 years he spent in state custody."
14. Charles Ray Finch
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. Finch recently died in January.
On June 16, 2021, Governor Roy Cooper issued a Pardon of Innocence for Finch.
15. Rocky Myers
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
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
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
Greg Lance was convicted of the murders of Victor and Alla Kolesnikow in 1998 (Undisclosed series). Expect to hear about a new appeal soon.
19. Pedro Reynoso
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
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
Fred Freeman was convicted of the murder of Scott Macklem in 1986 (Undisclosed series). His clemency request is on the desk of Governor Gretchen Whitmer.
22. Jonathan Irons
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
John Brookins was convicted of the 1990 murder of Sheila Ginsberg (Undisclosed series). John is currently appealing the denial of his DNA petition.
24. Jeff Titus
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
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 trying to take Ewing's case back to trial.
26. Jason Carroll
Jason Carroll was convicted of the July 1988 murder of Sharon Johnson in New Hampshire (Undisclosed series). Appellate options are currently being explored, and his case will be covered on the Bear Brook podcast.
27. Wayne Braddy and Karl Willis
Karl Willis and Wayne Braddy were convicted of the murder Maurice Purifie on June 15, 1998 in Toledo, Ohio (Undisclosed series). A judge recently denied their motion for a new trial because the only witness against them, Travis Slaughter, has now said he falsely confessed. They will be appealing soon.
Replying to Robyn: I honestly pity Jay Wilds. First he was threatened into doing this to his friend, then he was put on blast in front of everyone who has ever heard a podcast and decided to double down on something that for all we know has shaped his life quite a bit rather than walk it back. The blame should really be put on the Baltimore PD and state's attorney. It's a real shame he's done this, obviously, but I can't honestly say I would definitely have done otherwise.
Posted by: Courtney | Sep 20, 2022 11:43:18 AM
Colin - why could Jay not be the murderer? Everyone assumes he is not - at best he is an accessory - but why?
Him being the lone murderer fits all the discrepancies in this case.
Posted by: K | Sep 21, 2022 8:50:36 PM
Motive: sticking it to Adnan
Means: everyone knows Jay! He is harmless. He could get in the car with Hae; maybe he needs help picking up a gift for Stephanie. Maybe he is "something else" that Hae needs to do. And Jay is subtle. He won't use brute force. He will get Hae incapacitated first. This explains lack of any violence etc.
Jay's telling people before the body is found: why not! He killed her. He is setting up Adnan to be framed.
Jay's testimony: he is not protecting any friend or a victim of police. The police is the victim - he is using them to protect his skin.
Jay's changing story and testimony against Adnan: trivially explained.
Jay's fear: of course he is afraid - he killed someone and is now afraid Adnan may find out and harm him.
Jay tossing his clothes and shovels: of course he needs to - he is the one who has been burying Hae
Discovery of the body: did Mr. S stumble on the body looking to urinate or was he there to pick up something - like a weed drop.
and on and on ...
Posted by: K | Sep 21, 2022 9:12:59 PM
Thanks for the good work Colin.
I gotta ask though, in the motion to vacate, it says that Jay told the cops where Hae's car was *after* the tape is flipped. But Jay tells the cops where the car is *before* the tape flip. You can see it in the transcript. I remember reading it on one of your posts - I just checked and it's the HBO doc episode 2 post.
Is this is a mistake in the motion to vacate?
Posted by: Pine Nut | Sep 22, 2022 3:40:49 AM
The whole case is all heresay I couldn't believe this story. What a terrible stain on the police department and district attorney's office to convict him for this double murder. I'm taking about the Titus case
Posted by: Robin Creath | Dec 13, 2022 4:03:23 AM
Great work! Question when they find adnan was not involved in the murder can jay wilds be sued for lying or go to jail for perjury??? Surely he has some responsibility
Posted by: Robyn Howlin | Sep 20, 2022 7:53:17 AM