Editor's Note: The
scourge of being wrongfully convicted and imprisoned for
a crime while innocent has surged
to frightening proportions spawning numerous news stories. This
lengthy piece by the Word News of Buffalo, NY remains one
of the best that we have seen thus we offer it in its entirety
with our thanks to the paper's publisher, Dave McCleary.
Dave has boldly acknowledged the severity of the problem
and courageously put it out there for America to read about.
We are most grateful for his gracious permission to reprint
the piece.
The
politely "in your face" advent of forensic
DNA evidence analysis has led to a veritable landslide
of overturned criminal convictions throughout the American
justice system. It has liberated a burgeoning body of
innocent victims who have spent years rotting in a cage
unjustly (in the name of justice), while the actual perpetrators
often remain free to strike again.
For
instance, DNA evidence is reported to have conclusively
proven that one-third of prisoners convicted of rape
are innocent. Still, the DNA fix, while a watershed technological
development, is extremely limited in its scope when it
comes to redressing the rampant blight of wrongful convictions.
This is due to the unfortunate fact that countless wrongful
conviction allegations do not involve DNA, but must rely
upon more elusive types of evidence before the courts
can take such assertions seriously.
Nonetheless,
according to "Justice: Denied," a magazine
dedicated to addressing the problem, "For every
seven prisoners executed since 1977, another condemned
prisoner was released due to innocence. Illinois executed
12 men, but another 12 were later freed by proof of innocence."
"The
Moratorium Campaign," a New Orleans, Louisiana based
group working toward the immediate halt of all executions,
says that "the system is clearly broken," and
cites a staggering 96 individuals who have collectively
forfeited an appalling 761 years of their lives languishing
on death row before being exonerated.
Justice: Denied
The problem of being inequitably convicted of a crime has swelled to virtually
epidemic proportions, prompting the creation of numerous organizations
dedicated to righting the wrongful conviction and exonerating the erroneously
condemned. One of the most prominent, is "Justice: Denied" (www.justicedenied.org).
A selfless group of committed crusaders marshaling the goodwill of concerned
volunteers, Justice: Denied produces a magazine to support victims and
raise awareness of wrongful convictions.
It
also works within the criminal justice system advocating
for the wrongfully convicted, and has given hope to thousands
of illegitimate prisoners as it labors to secure their
release. The enterprise has two goals, the most imperative
being to fund the search for truth in these troubling
cases. It is a costly undertaking that necessitates the
retaining of expensive legal professionals. And while
many sympathetic lawyers have passionately embraced the
cause and are willing to work pro-bono, they still incur
related expenses that can be extremely prohibitive and
must be fairly compensated.
Additionally, Justice: Denied strives to educate the public about the current
state of the criminal justice system. With the aim of reforming it so that
it is more accurate in its investigations, their success in this arena
would ultimately reduce the likelihood of future illicit convictions. Each
month the organization illustrates new cases, provides the latest relevant
information and summarizes significant trends in the justice system.
Rubin "Hurricane" Carter and other
Cases in Point
Among the most celebrated cases of wrongful conviction is the solemn odyssey
of middleweight boxing contender, Rubin "Hurricane" Carter. Convicted
of a triple homicide in Paterson, New Jersey in 1967, the African-American
was sentenced to life in prison by an all-white jury, and barely escaped
the death penalty.
While
imprisoned Carter wrote and published "The Sixteenth
Round, From No 1 Contender to #45472." The riveting
autobiography was discovered by contemporary music icon
Bob Dylan, who was so deeply moved by Carter's story
that he wrote and released a chronicle of the misdeed
entitled, "Hurricane." The esoteric tune graced
the offerings of Dylan's "Blood on the Tracks" LP,
and graphically profiled the breach of justice inflicted
upon the fighter. Its momentum helped ignite a firestorm
of public outrage and support for Carter that is said
to have been instrumental in winning his freedom.
After
a lengthy and cumbersome struggle, the embattled boxer
was finally set free by a federal judge in 1985 through
a writ of habeas corpus. Habeas corpus is a legal mechanism
whereby state prisoners can challenge the validity of
their convictions and sentences by petitioning Federal
court. Its function is not to determine a prisoner's
guilt or innocence, but whether a prisoner has been stripped
of his liberty lawfully, by due process.
The
judge, H. Lee Sarokin, overturned the conviction after
reviewing a reportedly scandalous record alleged to include
perjury, racism, witness tampering, overlooked or concealed
evidence and the falsification of documents. Sarokin
ruled that Carter had in fact been denied due process,
issued a disparaging review of the Hurricane's two earlier
convictions and vindicated him.
Carter's
case, while achieving celebrity status, is sadly typical
of innumerable erroneously condemned, forgotten victims
of imperfect men working through an imperfect system
in an imperfect world. They agonize alone and helpless
in abject anonymity, like soulless statistics devoured
by a monstrous threshing machine with very sharp teeth.
And sadly, our prison system, as humane as it is compared
to some, still has a hard core demoralizing effect that
unceremoniously sucks the life from its captives and
grinds even its guilty "guests" into mere sub-human
shadows of what they were before incarceration.
Justice: Denied portrays many of their shocking stories such as the unsettling
account of Anthony Faison who was wrongfully convicted of a cab driver's
1987 murder. According to their web site, Faison pounded out a whopping
62,000 letters over 12 years in a desperate attempt to find someone who
could uncover the truth that would set him and his friend, Charles Shepard,
also convicted as an accomplice, free. Eventually his dogged persistence
paid off and previously disregarded fingerprint evidence that long lay
dormant, led to the actual murderer and absolved the two innocent men.
After spending two decades in an isolation cell just big enough for a cot
and a toilet, former prisoner Nicholas Yarris was the first death row inmate
to be exonerated by DNA evidence in Pennsylvania. A long battle to prove
he was innocent of the rape and murder of a suburban Philadelphia woman
resulted in his conviction being overturned.
Celebrating
his new-found freedom, Yarris described life on death
row as being characterized by a constant murmur from
prisoners jammed into close quarters - a sound he dubbed: "the
silence of madness." And the critics wonder, can
the system be brought up on felony theft charges for
stealing 20 years from the only life Yarris has to live?
The incredible journey of Hector Gonzalez could make him this year's "poster
boy for injustice personified." Wrongly prosecuted, convicted and
imprisoned for more than six years as a murderer, DNA testing proved that
Gonzalez was a 'Good Samaritan" and not a killer. In November, 1995,
Gonzalez was at a New York Nightclub when gang members attacked and killed
a man they thought had slighted them. Instead of looking the other way,
Mr. Gonzalez helped two people hurt during the attack causing spots of
their blood to smear on his pants. The blood stains were characterized
by prosecutors as coming from the victim, implicating him in the murder
and ultimately resulting in his incarceration.
Critical
Challenge to Justice System
The list is as endless as it is disgraceful, presenting a critical and
compelling challenge to those at the helm of the criminal justice system.
And while the majority of judges are appalled at the thought of depriving
an innocent man or woman of their freedom, they are often caught between
a rock and a hard place.
Bombarded
daily with the most vulgar and loathsome side of humanity,
every jurist knows that the majority of criminals play
by their own rules and leverage any opportunity to their
advantage. Unfortunately, alibis are very marketable
commodities under the right circumstances, making the
quest for truth that much more problematic, yet compounding
the responsibility of judges and juries to uncover it.
Advocates
for the wrongfully convicted contend that too many who
have not done the crime are doing the time and falling
through the cracks of a fractured, overburdened complex
that processes offenders like McDonald's does hamburgers.
And though drive through arraignments might not be far
off, critics both inside and outside the justice machine
view the problem as severe enough to warrant the creation
of some sort of safety net allowing those who have no
business behind bars to prove it.
The
Innocence Project
Among them are celebrated hard-ball attorneys Peter Neufeld and Barry Scheck
(of O.J. Simpson and nanny Louise Woodward fame), who have not just cursed
the darkness, but raised a heartening torch of hope as well. In 1988 the
veteran courtroom brawlers became involved in studying and litigating issues
concerning the use of forensic DNA testing. Their work resulted in the
creation of "The Innocence Project" at the Benjamin N. Cardozo
School of Law in 1992.
The
non-profit legal clinic handles cases where post conviction
DNA testing of evidence can yield conclusive proof of
innocence. As a clinic, students are able to handle the
case work while supervised by a team of attorneys and
clinic staff. Most of their clients include the poor,
forgotten underside of humanity, whose options in life
were threadbare to begin with, and quickly exhausted
all of their legal avenues for relief. Applicants go
through an extensive screening process to determine whether
or not DNA testing of evidence could prove their claims
of innocence. And, as might be expected, the Innocence
Project's waiting list is bursting at the seams with
thousands of desperate hopefuls currently awaiting evaluation
of their cases.
According
to their web site, (www.innocenceproject.org), the Innocence
Project has evolved beyond a "court of last resort" for
inmates who have expended their appeals and drained their
resources. Recognizing the crucial need to address the
problem at an evidentiary level apart from forensic DNA
analysis, the Project is now exploring new venues to
serve justice for those who are unjustly serving time. "As
forerunners in the field of wrongful convictions," they
explain, "we are now helping to organize "The
Innocence Network." The Innocence Network is, "...a
group of law schools, journalism schools, and public
defender offices across the country that assists inmates
trying to prove their innocence whether or not the cases
involve biological evidence which can be subjected to
DNA testing.
We
consult with legislators and law enforcement officials
on the state, local, and federal level, conduct research
and training, produce scholarship, and propose a wide
range of remedies to prevent wrongful convictions while
continuing our work to free innocent inmates through
the use of post conviction DNA testing."
At
this writing, the Project has played a critical role
in nearly 150 overturned convictions, some of which are
epitomized in Neufeld and Scheck's book, "Actual
Innocence: Five Days to Execution and other Dispatches
from the Wrongly Convicted." A sobering chronicle
of remarkably powerful stories about ordinary people
locked up for crimes they did not commit, the four year-old
book is an anthology of injustices made right against
daunting odds.
"The
Innocents"
More recently, Scheck and Neufeld have thrown their support behind, "The
Innocents," a deeply human, disturbing photographic collection that
highlights ex-offenders who were exonerated through DNA testing and then
released after unjustly serving time. Created by photographer, Taryn Simon,
Neufeld and Scheck provide the publication's forward as well as a brief
commentary on each case. With the book's subjects enduring prison sentences
that ranged from life to death, Simon's artistry puts a human face to inequity
while concurrently reflecting the nobility of the human spirit and organic
value of life and freedom.
Laurie
Lee Kellogg's Story
Triumphing through the fires of injustice and
emerging with spirit unscathed and
dignity intact, while formidable, has become almost routine for Laurie
Lee Kellogg. The attractive, 39 year-old mother of two has spent the last
12 years incarcerated at the Bedford Hills Correctional Facility, near
New York City, where she is doing 25 years to life for offenses related
to the murder of her late husband, Bruce. A murder she forcefully insists
that she had nothing to do with.
Her
high-profile saga, which spawned a media frenzy as it
unfolded, was memorialized by ABC in its 1994 made-for-TV
adaptation of Kellogg's lingering odyssey, "Lies
of the Heart," featuring "Beverly Hills 90210" star,
Jenny Garth. And while ABC crafted a compelling, consummate
thriller, according to sources close to Kellogg its dramatic
license was recklessly excessive, bending reality into
a marketable shocker at the expense of truth.
Still,
Kellogg's marathon perseverance has attracted a conscientious
band of loyal crusaders who are striving to prove her
innocence and win her a new trial. Her benefactors include
a mixed bag of attorneys, a 28-year NYPD veteran who
is now a successful private investigator and a former
NYS Corrections Officer, Andy De Mers. De Mers, who is
spearheading the imposing effort, first became acquainted
with Kellogg several years ago when he was assigned to
her cell block.
With
no illusions about the caliber of the company he kept,
the now 53 year-old retired corrections officer, spent
some 7 years getting to really know the woman as he observed
her in the most desperate circumstances imaginable.
"I
am thoroughly convinced that Laurie is not guilty of
this crime or of any other crime," De Mers contends. "She
is and always has been a role model inmate with unimpeachable
morals and she lives to help others in need." Pretty
heady stuff for a guy who spent the bulk of his career
mixing it up with a crowd where you are more likely to
find Elvis than an echo of morality.
Laurie's
case is both extreme and complicated. According to reports,
her earliest years were marked by tragedy and by no means
something you would wish for your own children. As a
child, Laurie was sexually abused repeatedly by her biological
father and others, creating deep, oppressive wounds.
Their momentum drove her to forage through life in search
of love, acceptance and refuge with a desperation that
surged into young adulthood.
Around
1980, the 16 year-old teenager fell in love, and unbelievably,
developed an intimate, romantic relationship with a deeply
disturbed 33 year-old adult, Bruce Kellogg. Kellogg by
all appearances seemed to be an independent, good looking,
mature man of means. He was a strapping 6 foot, two hundred-plus
pound hunk with a strong work ethic who seemed to offer
the naive teen the affirmation and safety she craved.
He swept her off her feet and offered to take her away
from her miserable existence to a life filled with promise,
and it wasn't long before they were sharing a home.
However,
things were not what they seemed, and what began as a
dream come true quickly dissolved into a ghastly, decade
long nightmare, four years of which the couple was legally
married. Laurie never knew what hit her until it was
much too late to duck.
Kellogg's
savagery was unfathomable and he quickly laid down the
law of the jungle, repeatedly brutalizing Laurie; physically,
sexually and psychologically. The unthinkable became
her constant companion as she endured a relentless battery
of incomprehensible degradation characterized by every
imaginable form of humiliating abuse and debasing cruelty.
The severity of her repeated beatings caused Laurie to
sustain extensive, and often serious injuries that included
multiple fractures.
She
even suffered miscarriages due to intentional attacks
while pregnant, (causing her physician to assert that
her baby was safer outside of her body than inside),
and the injuries to her face were so critical that she
required reconstructive surgery on her jaw. In addition,
Laurie attributes Kellogg's violent assaults to a broken
collar bone, neck injuries and fractured skull along
with concussions and massive, permanent hearing loss
(today she is obliged to use hearing aids in each ear
to communicate).
Unfortunately,
the terror did not stop there. Kellogg is also reported
to have raped and sodomized Laurie, and went as far as
to force a loaded revolver into her vagina and mouth.
Furthermore, sources recount that he threatened to kill
her several times (particularly if she ever attempted
to leave him and/or take the children), and vowed to
kill their biological children on various occasions as
well. He also promised to kill her parents, a warning
Laurie took very seriously since, she said, "He
never made an idle threat."
Additionally,
he is alleged to have abused both of his kids from a
previous marriage, as well as the children he had with
Laurie. And in a tragic turn of poetic injustice, it
was Kellogg's reputed perverse obsessions that led up
to his 1991 murder, with the very gun he used to violate
his wife.
In spite of it all, Laurie was deeply in love with her husband, solemnly
honored her vows and fearfully concealed the abuse she suffered at his
hands.
She
had a spotless reputation in her suburban community and
consequently was relied upon by many parents to provide
child care for their young children. She was devastated
and horrified when she learned that some of the neighborhood
kids had accused her husband of sexually molesting them.
Wanting to confront Kellogg and hopefully hear him deny
the abhorrent allegations, she and three acquaintances
drove to his hunting cabin where he was spending the
weekend.
Among
her traveling companions were Nicole Pappas, one of Kellogg's
alleged victims and her boyfriend, Denver McDowell. According
to Laurie, upon arriving at the cabin, McDowell and Pappas
(who are said to have been under the influence of hallucinogens
at the time), jumped out of the vehicle, ran into the
cabin and McDowell, with Pappas at his side, shot Kellogg
to death as he slept.
The
murder was committed with one of Kellogg's guns which
Laurie says McDowell stole from their home. She was arrested
and subsequently incarcerated the following night for
the murder of her husband, the prosecution maintaining
that she coerced McDowell to commit the crime through
sexual favors.
However, her
case was anything but a slam dunk for the prosecution and
while she was brought up on multiple charges, nearly
all of them were dismissed. Mary Ann Di Bari, a veteran
criminal defense attorney who specializes in post conviction
cases has, with the approval of Laurie's current lawyer,
recently completed a painstaking legal analysis of
the entire trial record, pro-bono.
Her
evaluation is not surprising to those in Laurie's corner.
According to Di Bari, "There was serious court error
in Laurie's trial. The inconsistencies were glaring and
there was also perjury." "I don't like to bad
mouth other attorneys," she admitted, "but
the one she had at trial was inexperienced and the defense
was cloudy. It didn't stick to the facts and almost gave
her a reason to kill the man."
De
Mers concurs, "I read some of the court transcripts," he
declared." Laurie's attorney at the time admitted
during closing arguments that he did not do certain things
that he should have, and did certain things that he shouldn't
have because he was inexperienced and learned them too
late. This was also his first murder case.
According
to Laurie's mother, the judge had to keep asking the
(apparently timid) defense counselor to speak up. I understand
that the jury foreman even made a comment to the media
stating about Laurie that, "well, she's been locked
up for nearly a year already anyway, so she must be guilty
of something.'" There have also been reports suggesting
that Bruce Kellogg's family was politically connected
at the local level, and that election year considerations
may have displaced justice to help franchise certain
NYC power-brokers another term in office.
Laurie's
best legal hope now lies in CPL 440.10, a
New York State statutory mechanism allowing those alleging
that they were illegitimately convicted to go outside
the record (unlike appeals), and gather evidence of
an unfair trial. "So much of her case is outside
the record," Di Bari explains, "things that
never had the opportunity to see the light of day but
should have."
While
Di Bari is convinced of Laurie's innocence and would
like to take on the case, a 440.10 is an exhausting venture
involving considerable legwork that puts life on hold
for a long time. She has recently been diagnosed with
cancer and suffers from related complications. Thus,
the kindhearted lawyer, (no it is not a misprint), while
possessing the legal dexterity and passion to take Laurie's
case down to the bone, is physically unable to invest
the substantial time and energy required to undertake
the rigorous procedure. "This case cries out for
a new trial that is fair and factual," she asserts. "Laurie
has courage beyond anything and I believe in her and
her case absolutely." She isn't alone.
Though
a bit less vehement at this point, Gil
Alba, a prominent, seasoned and high
profile private investigator who was also vested
in the NYPD and the FBI's Violent Crime Task Force,
has volunteered his time and energy to evaluate
the merits of Laurie's claims.
Alba
is no rookie. He is a power operator whose stature
and accomplishments have drawn many of the nation's
leading news organizations to him, including:
CNN.com, Fox News, MSNBC, CBS and The O'Reilly
Factor. He took a hard look at the case primarily
due to De Mers' stubborn certainty that there
was substance to Laurie's story.
|
Gil
Alba, PI
|
Alba's
rationale was that if an accomplished, tenured corrections
officer who spent years with Laurie observing her at
her worst was persuaded, then her claims were worth reviewing.
His preliminary objective was to determine whether or
not Laurie was reliable. "Why would I help someone
if they are not trustworthy and not truthful," he
explained. After discussions with some of the key players
connected to the case and interviews with Laurie herself,
though still reserving judgment about certain related
facts, he is convinced that she is on the up and up,
her case is credible and he agreed to do what he could
pro-bono to help vindicate her.
However,
due to the disproportionate expense of the extensive
leg work required to make her case, it is slow going
for all who want to help. And though the legal dynamics
of Laurie's litigation are promising and straight forward,
the sheer rigors are still considerable. Both Alba and
Di Bari estimate that winning her freedom, while extremely
likely, could run anywhere from 50 to 100 thousand dollars
due to the scope the investigation must assume to document
the facts for the court. A small price to pay for justice
and freedom if you can find someone who can afford it.
The
Case of Kris Dunn
Because the necessary legal mechanism to secure her a new trial remains
intact, the biggest impasse for Laurie Lee Kellogg is financial. Christopher
(Kris) Dunn is not as fortunate. His case is more tangled and will most
likely require a great deal of legal wrangling to unsnarl if even possible.
While powerful new evidence with the potential to secure Dunn a new trial
and exonerate him has recently emerged thanks to his relentless determination,
he has already exhausted all his post conviction remedies. And short of
a miracle, Dunn will serve another man's sentence for a crime that he vehemently
vows he did not commit.
An African-American man who grew up on the down side of St. Louis, Missouri,
Kris Dunn was a mere 18 years-old when Recco Rogers was shot and killed
two blocks from his house just after midnight on May 19, 1990. Kris was
arrested and charged with the 14 year-old youth's murder within two hours
of the crime, and a public defender was appointed to represent him.
According
to various sources, Dunn's representation at the trial
level bordered on unabashed incompetence. They maintain
that his public defender failed to use witnesses, phone
records, crime scene analysis and forensic testing which
could have established his innocence. And because the
character of the initial litigation establishes the trial
record, thus significantly defining the appellant's post
conviction options, Dunn's potential recourse has been
irreparably and gravely compromised.
The
reported injustices of his saga were so blatant that
they captured the attention of Justice: Denied which
investigated and recounted his erroneous conviction in
their magazine. Kira Caywood is the writer who handled
Dunn's account. "I chose Christopher Dunn's story
because he has a convincing case for innocence," she
recalled. "His alibi, the lack of evidence against
him, the fact that the only two witnesses against him
avoided jail time because of their testimony and the
lack of police investigation in the case all captured
my interest. His public defender failed to call his witnesses,
she did not cross examine the state witnesses and did
not demand evidence testing.
Further,
when I wrote to Christopher, he answered all my questions
with clarity and consistency. He invited me to express
any further questions or doubt I might have, and sent
me police reports, autopsy reports, court documents,
transcripts and affidavits to support his assertion of
innocence. I am convinced that he was wrongfully convicted,
and would not have written his story and established
a web site for him otherwise."
According
to Caywood's article, (and Dunn's statements), Kris spent
most of the evening of the murder in the company of seven
people, including his mother and three siblings. And
at the time of the shooting, he was with them inside
his home, where he stayed until the police arrived to
arrest him at 2:00 a.m. In addition to these seven people
whose testimonies could have provided alibis for him,
Caywood maintains that phone records show a call Chris
made to a friend at a local hospital that lasted throughout
the time of the murder.
Such
a compelling body of evidence with the burden of proof
resting upon the prosecution beg the question, how could
Kris be convicted with such a strong alibi? According
to Caywood, "It is simple -none of his witnesses
were ever notified or called to testify. His court-appointed
attorney told any inquiring witnesses that their testimonies
were not needed."
The
facts, as recounted by Kris' supporters, read like the
script from a heartrending, Hollywood B-movie, painting
a hapless portrait of a disposable kid from the ghetto
who makes the world a better place by not being in it.
His guilt or innocence was just a bothersome, insignificant
detail like a speck in the eye of justice. And according
to Kris' web site, (www.christopherdunn.org), subsequently
created and maintained by Caywood, Kris was convicted
solely on the testimony of two State witnesses.
Both
witnesses were known gang members, and one cut a deal
to receive parole instead of prison time in exchange
for his testimony. Since then, Kris has obtained signed
affidavits from witnesses claiming to have heard the
State witnesses (whose testimony put him in prison),
confessing that Kris did not commit the murder.
In
addition, it is also reported that Rogers, a known gang
member, had shot someone from a rival gang the day before.
And while his victim's wounds were not life-threatening,
the incident does make retaliation a probable motive
for the murder. Kris' defenders say that this crucial
element was never explored by his attorney.
At
the time of the homicide, Kris said he was in the company
of several people blocks away from the crime scene who
could have accounted for his whereabouts. His lawyer
reportedly did not make use of these alibis in court
either, and is said to have made little effort to contact
the hospitalized friend he was on the phone with at the
time of the murder, obtaining neither telephone records,
nor the testimony of the nurses who initially took his
call.
Furthermore,
the victim's older brother, Duane Rogers, not only witnessed
the crime, but has been quoted corroborating Kris' innocence
and expressing a willingness to testify on his behalf.
Presently he is unable to be located, but at the time
of the murder when he was available, he was not called
to alibi the defendant.
Additionally,
those in Dunn's corner maintain that there was no substantive
physical evidence actually linking Kris to the crime.
For example, at Kris' trial, police produced a gun they
claimed was the murder weapon. However, according to
documents, more than one type of weapon could have been
used in the shooting. Dunn emphatically denied that the
gun was his and prosecutors could not prove any connection
between him and the firearm.
Sources
close to Kris feel that weapon was not produced for evidentiary
purposes, but rather to intensify the jury's emotions,
a time-tested court room power-play. No ballistics tests
were conducted, and the bullets that killed the victim
were too fragmented to be matched to the gun. In addition,
a tee-shirt, which the prosecution said Dunn was wearing
during the shooting, was never tested for gun residue
which should have been detectable.
Kris'
defense is said to have made no objection and he was
convicted as a lone gunman firing three times. However,
reports indicate that the crime scene was littered with
many more bullet casings and supporters say there are
witnesses who claim to have heard more than three shots.
Recently,
Christopher Dunn says, he has obtained still more evidence
that proves he is innocent of Recco Rogers' murder. The
victim's autopsy records show that the killing shot could
not have possibly been fired from where witnesses claimed
the killer, whom they identified as Kris, stood. Witnesses
reportedly placed the killer in a standing position and
shooting from Roger's right front side, 13 feet from
the seated victim. However, the killing bullet entered
the lower back left side of the victim's head, traveling
upward to rest in the upper right brain.
Additionally,
Kris says that he has located three witnesses that were
never contacted by his defense attorney. Another new
witness is willing to testify on Dunn's behalf, and has
written and signed an affidavit in support of Kris' innocence.
Christopher also now possesses two audio tape transcripts
that clearly contradict two police report statements
given by witnesses.
Elizabeth
Michael and her husband Jesse began corresponding with
Kris some eleven years ago. The couple, who live in North
Carolina, used their spare time to reach out to him hoping
to be of encouragement. As they got to know each other,
Kris recounted his unsettling story to the concerned
pair.
The
Michaels were cautious at first, perhaps even a bit dubious,
but they listened and as time passed, became convinced
that a horrible miscarriage of justice had been visited
upon their new friend. And as ironic as it may be, their
relationship has grown so deep over the years, that the
Michaels, a white Southern couple, now consider themselves
as Kris' adoptive parents, a sentiment that Dunn, an
African-American, embraces wholeheartedly.
"We are Christopher's adoptive Mama and Pops," they declare, "and
we will be eternally grateful to anyone who offers assistance to him. We believe
that if you look into this case, you will agree that the wrong man is in prison
suffering a life that he does not deserve."
While
Kris continues to pursue his freedom and vindication,
he leads a disciplined, productive life, using his time
as constructively as possible given the extreme circumstances
he finds himself in. He participates in programs at the
prison, reads his Bible, studies law and helps other
inmates with their cases. He has begun two outreaches
through the Internet, one that the Michaels direct called
the "Pen Pal Connection," joins people who
are willing to correspond with prisoners, and inmates
who also desire to write.
The
second is a youth outreach called L.A.S.T.C.H.A.N.C.E.
operated by a Lee Gaylord. L.A.S.T.C.H.A.N.C.E. enables
Kris to correspond with troubled youth who write to him.
In addition to "Justice Denied" Magazine, his
case story has been published in a book called "Prison
Poetry and Untold Stories" by Leonna Abraham-Brandao.
Dunn
has lost all his appeals at the state level, and attempted
a Federal habeas corpus action on his own, which was
a disastrous, hand-written exercise in futility. Unlike
Hurricane Carter, Dunn did not have a musical icon with
a widely popular song on his team generating swells of
public support, much less a skilled lawyer to duke it
out in court for him.
However,
what he does have in common with the Hurricane, is that
he is a determined fighter who does not give up easily!
And if does go down, he will go down swinging, not only
for his own vindication, but for truth and justice.
His
state appellate lawyer, Mr. Craig Johnston, whose post
conviction efforts were restricted to the confines of
the existing record, lamented, "Short of a smoking
gun, I don't see a lot of hope for Kris, I
would think his opportunity to litigate is gone. He was
a nice guy and I liked him. With some clients you get
the feeling that they will say anything to get off, but
with Kris I never sensed that."
The
Strength of Faith
Besides sharing their wrongful convictions, Laurie Kellogg and Kris Dunn
also share a love for Jesus Christ, and are quick to admit that personal
faith in God has been their key to triumphing through lives where the unthinkable
has become routine. And while skeptics may be quick to impugn the sincerity
of their "jailhouse conversions," noting that it is common practice
for prisoners to try and "pray their way out of prison," both
have passed the test of time.
Kellogg
was admittedly a backslidden believer having given her
life to the Lord a year before she met Bruce Kellogg
at age 16, and did not regain her spiritual bearings
until sometime afterwards.
Andy
De Mers, in reflecting upon Laurie's conduct in prison
recalled, "Laurie was not just a devout Christian
woman, but also a role model inmate. I have known this
woman very well for seven years. I saw and spoke to her
nearly every night, and sometimes during the day. In
the jail, I was also a Fire and Safety officer on my
tour as well as a correction officer.
Laurie
worked for the Fire and Safety office. Her boss was my
colleague and senior Fire and Safety officer. Thus, I
occasionally worked with this woman. There is no way
that this person is guilty of any crime not to mention
the murder of a human being or coercing anyone else into
performing such an ugly task. Of course, this is merely
my opinion of the women having known her, having listened
to her and observed her over the years."
Dunn
came to prison fresh off the streets and the Michaels'
kindness was instrumental in leading him to Christ. Since
then he has stayed true to his God in the face of overwhelming
adversity and continued disappointment. In a recent letter
to Beth Michael he reassured his adoptive mother of his
continued fidelity to the faith. "Yes Mama," he
wrote, "I'm still standing strong and God has given
me the strength of His might to continue to carry on.
I trust Him, and I know that Jesus is walking beside
me. I can feel His presence, I can feel His Spirit. God
will provide a way only if we are willing to follow Him,
and I am willing to give my life to Him."
"Over
the 11 years Jesse and I have been with Kris, we have
seen him go through many disappointments," Beth
Michael admitted. "Many different people have come
into his life with promises and new hope only to disappear
again. Kris gets discouraged, even times of depression,
sometimes ready to give up and to never write anyone
again. But through it all, he has never turned from God
or accused God. Today he is growing stronger than ever
in faith towards the Lord Jesus."
In a perfect world justice is not blind, but all seeing. That is another
world, another path, another life. For now, our adversarial system, while
deeply flawed, overburdened, under-financed, and frequently politicized
is among the most equitable and virtuous to embellish the pages of history.
The
Honorable Robert Alexander, a 20 year veteran of the
criminal justice system presently mans the bench in Corfu,
New York. Alexander recently found himself in the national
spotlight when interviewed for Dr. James Dobson's Focus
on the Family radio special about notorious Son of Sam
serial killer, David Berkowitz. Alexander dealt with
Berkowitz extensively while a counselor at Attica State
Prison many years ago and in addition to knowing the
law, scrutinizes human nature from a multifaceted vantage
point as a tenured counselor, sitting judge and ordained
clergyman.
The
insightful jurist observed, "Are there people who
are convicted innocently - absolutely! There are also
people that have committed crimes who go free and people
who have never been caught too." Judge Alexander
defends the criminal justice system urging critics to
keep their perspective intact while stressing that the
wrongfully convicted are a comparatively small percentage
of the whole.
However,
he has no illusions about the gross injustice of anyone
doing the time when they have not done the crime, and
he is quick to bring down the gavel and pass sentence. "Even
1/100 of a percent," he decrees, "is too much."
Rick
Kern
The Word News
Christian News Buffalo, NY
Reprinted with Permission
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