ST. LOUIS — The fate of a man who has spent more than three decades in prison proclaiming his innocence in a ºüÀêÊÓƵ murder is now in the hands of a judge.
Among the lawyers to argue in favor of freeing 52-year-old Christopher Dunn from prison was ºüÀêÊÓƵ Circuit Attorney Gabe Gore, who cross-examined a witness and delivered part of closing statements himself on Wednesday.
“In this case, your honor, there simply remains no evidence at all,†Gore said.
Gore’s office, as well as lawyers for Dunn, argued this week that Dunn should be released from prison after the two boys who testified to secure his conviction in the 1990 murder of 15-year-old Ricco Rogers recanted their testimony as adults.
Lawyers with Missouri Attorney General Andrew Bailey’s Office opposed the effort, arguing the jury got it right the first time. They claim that the boys’ initial testimony was correct and that Dunn did not have a credible alibi for the night of the crime.
“That verdict was accurate, and that verdict should stand,†said Assistant Attorney General Tristin Estep.
Gore is seeking for Dunn’s conviction to be overturned under a 2021 state law that allows local prosecutors to file petitions when they believe an innocent person is imprisoned.
Bailey’s office is not required to oppose such efforts, but he opposed the other major effort in ºüÀêÊÓƵ, too, when Lamar Johnson was freed from prison last year after serving 28 years for murder he did not commit.
The shooting that killed Ricco happened late on May 18, 1990, when a group of teen boys were sitting on steps outside a home in the 5600 block of Labadie Avenue in the city’s Wells-Goodfellow neighborhood. A gunman walked up and opened fire, killing Ricco almost instantly.
Two other boys at the scene — 12-year-old Michael Davis and 14-year-old DeMorris Stepp — immediately claimed that Dunn was the shooter. And in separate interviews with police, one said he saw Dunn wearing a blue baseball cap. The other said he was wearing tiny sunglasses. Both said he was wearing a white T-shirt.
Prosecutors and a police detective believed them, and they played a key role in the investigation. At trial, then-Assistant Circuit Attorney Steven Ohmer — now a retired judge — wrote in his notes that their testimony was “very strong.â€
But eyewitness identification expert Nancy Franklin testified Wednesday that it was unlikely the boys could recognize the shooter’s face. He was standing a dozen feet away on a dark street, and Dunn wasn’t a friend or family member to either child, making their split-second recognition less reliable.
Both boys recanted their testimony years later. In a recorded interview played Tuesday in court, Davis said he lied because he thought Dunn was affiliated with a rival gang.
Stepp initially said that he didn’t see Dunn shoot the weapon that night, but he later reversed the claim in an interview with state investigators and said he saw Dunn shoot Ricco. Years later he reversed his statement again and said he did not see Dunn shoot.
“It’s a recantation of the recantation of the recantation,†Gore said during closing arguments.
Gore also noted that a judge previously found Stepp a “completely unreliable witness†and urged Judge Jason Sengheiser to discount him altogether.
Instead, Gore argued, the judge should look at Davis’ recantations, the testimony of another witness who was at the scene, and the recollections of a woman who said she spoke to Dunn from his landline on the night of Ricco’s death.
Estep countered that Dunn’s alibi could not be trusted. His story had shifted multiple times over the years, she said, and the woman who testified about speaking to Dunn had made changes, too.
Attorneys will now submit written arguments to Sengheiser, who will decide at a later date whether to issue an order to vacate Dunn’s murder conviction.
Photos: Arguments heard to vacate Christopher Dunn’s murder conviction
Tristin Estep, left, a lawyer with the Missouri Attorney General's Office, asks witness Eugene Wilson to mark street lights on amp of North City during cross-examination during the first day of the hearing to decide whether to vacate Christopher Dunn’s murder conviction on Tuesday, May 21, 2024, at the Carnahan Courthouse. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Martha Dunn, the mother of Christopher Dunn, listens to testimony during the first day of the hearing to decide whether to vacate her son Christopher Dunn’s murder conviction on Tuesday, May 21, 2024, at the Carnahan Courthouse. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Christopher Dunn, center, listens to Special Assistant with ºüÀêÊÓƵ Circuit Attorney's office Rachael Moore, right, examine a witness on the first day of his hearing to decide whether to vacate his murder conviction on Tuesday, May 21, 2024, at the Carnahan Courthouse. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
ºüÀêÊÓƵ Circuit Attorney Gabe Gore listens to witness testimony during the first day of the hearing to decide whether to vacate Christopher Dunn’s murder conviction on Tuesday, May 21, 2024, at the Carnahan Courthouse.
Laurie Skrivan, Post-Dispatch
Special Assistant with ºüÀêÊÓƵ Circuit Attorney's office Rachael Moore questions witness Eugene Wilson during the first day of the hearing to decide whether to vacate Christopher Dunn’s murder conviction on Tuesday, May 21, 2024, at the Carnahan Courthouse. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Crime scene reconstruction expert Scott Roder testifies as to how he made his animation video of the shooting during direct examination by Special Assistant with ºüÀêÊÓƵ Circuit Attorney's Office Layla Husen during the first day of the hearing to decide whether to vacate Christopher Dunn’s murder conviction on Tuesday, May 21, 2024, at the Carnahan Courthouse. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Crime scene reconstruction expert Scott Roder testifies as to how he made his animation video of the shooting during direct examination by Special Assistant with ºüÀêÊÓƵ Circuit Attorney's Office Layla Husen during the first day of the hearing to decide whether to vacate Christopher Dunn’s murder conviction on Tuesday, May 21, 2024, at the Carnahan Courthouse. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
A screen shot of the video animation of the shooting created by crime scene reconstruction expert Scott Roder presented during direct examination by Special Assistant with ºüÀêÊÓƵ Circuit Attorney's Office by Layla Husen during the first day of the hearing to decide whether to vacate Christopher Dunn’s murder conviction on Tuesday, May 21, 2024, at the Carnahan Courthouse. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Christopher Dunn's lawyer Justin Bonus listens as Andrew Krane, prosecutor with the Missouri Attorney General's Office, cross examines a witness during the first day of the hearing to decide whether to vacate Christopher Dunn’s murder conviction on Tuesday, May 21, 2024, at the Carnahan Courthouse. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Special Assistant to the ºüÀêÊÓƵ Circuit Attorney's Office Layla Husen pauses during direct examination of crime scene reconstruction expert Scott Roder during the first day of the hearing to decide whether to vacate Christopher Dunn’s murder conviction on Tuesday, May 21, 2024, at the Carnahan Courthouse. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Andrew Krane, prosecutor with the Missouri Attorney General's Office, cross -examines crime scene reconstruction expert Scott Roder during the first day of the hearing to decide whether to vacate Christopher Dunn’s murder conviction on Tuesday, May 21, 2024, at the Carnahan Courthouse. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Christopher Dunn visits with his wife, Kira, left, his son Sequoia, 19, and mother Martha Dunn, at the conclusion of the first day of his hearing to decide whether to vacate his murder conviction on Tuesday, May 21, 2024, at the Carnahan Courthouse. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Christopher Dunn walks into the courtroom placing his hand on his heart as he looks towards his wife during the second day of a hearing to decide whether to vacate his murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan, ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Christopher Dunn, left, leans in to listen to his attorney, Justin Bonus of New York City, during the second day of a hearing to decide whether to vacate Dunn’s murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ.
Laurie Skrivan, Post-Dispatch
Nicole Bailey testifies she was talking to Christopher Dunn from roughly 11 pm to 1 am on the night of the shooting, during the second day of a hearing to decide whether to vacate Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan, ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Christopher Dunn, center, listens to the testimony of witness Nicole Bailey during the second day of a hearing to decide whether to vacate Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan, ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Special assistant to ºüÀêÊÓƵ Circuit Attorney's Office Layla Husen, left, objects to a question by Tristin Estep, right, prosecutor with the Missouri Attorney General's Office, during the second day of a hearing to decide whether to vacate Christopher Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan, ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Tristin Estep, prosecutor with the Missouri Attorney General's Office, asks a question of witness Nicole Bailey, during the second day of a hearing to decide whether to vacate Christopher Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan, ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Christopher Dunn, right, listens to Midwest Innocence Project attorney Rachel Wester, during the second day of a hearing to decide whether to vacate Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan, ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Judge Jason Sengheiser swears in eyewitness identification expert Nancy Franklin during the second day of a hearing to decide whether to vacate Christopher Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan, ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Judge Jason Sengheiser listens to testimony of eyewitness identification expert Nancy Franklin during the second day of a hearing to decide whether to vacate Christopher Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan, ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Booker Shaw, special assistant with the ºüÀêÊÓƵ Circuit Attorney's office, listens to testimony during the second day of a hearing to decide whether to vacate Christopher Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan, ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Eyewitness identification expert Nancy Franklin testifies during the second day of a hearing to decide whether to vacate Christopher Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan, ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Christopher Dunn, background right, and his legal team listen as special assistant ºüÀêÊÓƵ Circuit Attorney's office Rachael Moore questions eyewitness identification expert Nancy Franklin during the second day of a hearing to decide whether to vacate Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan, ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Special assistant with ºüÀêÊÓƵ Circuit Attorney's office Rachael Moore displays the booking photos of Christopher Dunn that were used as part of a photographic lineup during the second day of a hearing to decide whether to vacate Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan, ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Retired ºüÀêÊÓƵ Police Sgt. Gary Stittum, who was a detective on the scene the night of the shooting, testifies during the second day of a hearing to decide whether to vacate Christopher Dunn’s murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
ºüÀêÊÓƵ Circuit Attorney Gabe Gore listens to testimony of retired ºüÀêÊÓƵ Police Sgt. Gary Stittum, who was a detective on the scene the night of the shooting, during the second day of a hearing to decide whether to vacate Christopher Dunn’s murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Christopher Dunn listens to the testimony of retired ºüÀêÊÓƵ Police Sgt. Gary Stittum, who was a detective on the scene the night of the shooting, during the second day of a hearing to decide whether to vacate Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
ºüÀêÊÓƵ Circuit Attorney Gabe Gore cross-examines retired ºüÀêÊÓƵ Police Sgt. Gary Stittum, who was a detective on the scene the night of the shooting, during the second day of the hearing to decide whether to vacate Christopher Dunn’s murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Jeff Manci, a retired investigator with the U.S. Bureau of Prisons, testifies about inmate behavior during the second day of a hearing to decide whether to vacate Christopher Dunn’s murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Under direct examination by Tristin Estep, prosecutor with the Missouri Attorney General's Office, retired ºüÀêÊÓƵ Circuit Judge Steve Ohmer reads his trial notes from the Christopher Dunn trial during the second day of a hearing to decide whether to vacate Christopher Dunn’s murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Christopher Dunn listen to testimony during the second day of a hearing to decide whether to vacate his murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
ºüÀêÊÓƵ Circuit Attorney Gabe Gore listens as Tristin Estep, prosecutor with the Missouri Attorney General's Office, advocates to retain the conviction of Christopher Dunn during closing arguments on the second day of a hearing to decide whether to vacate Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ.
Laurie Skrivan, Post-Dispatch
Christopher Dunn listens as ºüÀêÊÓƵ Circuit Attorney Gabe Gore argues to vacate Dunn’s conviction during closing arguments on the second day of a hearing Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood.
Laurie Skrivan, Post-Dispatch
Tristin Estep, prosecutor with the Missouri Attorney General's Office, gives her closing argument during the second day of a hearing to decide whether to vacate Christopher Dunn's murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Christopher Dunn, right, listens as Booker Shaw, special assistant with ºüÀêÊÓƵ Circuit Attorney's office, speaks during the second day of Dunn's hearing to decide whether to vacate his murder conviction on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
Kira Dunn, who is married to Christopher Dunn, listens as ºüÀêÊÓƵ Circuit Attorney Gabe Gore argues to vacate her husband's murder conviction during closing arguments on the second day of a hearing on the case on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
ºüÀêÊÓƵ Circuit Attorney Gabe Gore argues to vacate Christopher Dunn's conviction during closing arguments on the second day of a hearing in the case on Wednesday, May 22, 2024, at the Carnahan Courthouse in ºüÀêÊÓƵ. Dunn, 52, has maintained his innocence for more than three decades in the 1990 murder of 15-year-old Ricco Rogers in the city’s Wells-Goodfellow neighborhood. Pool photo by Laurie Skrivan via ºüÀêÊÓƵ
Laurie Skrivan, Post-Dispatch
The ºüÀêÊÓƵ tracks the data behind reported homicides on an interactive map that allows readers to explore information in various ways.
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