A man has spent 43 years in prison for a triple murder. He says he's innocent and prosecutors agree
A
Missouri man who has maintained his innocence in a triple murder got an
opportunity to testify at a three-day hearing that could lead to his release
after serving 43 years in prison. That decision is now in a judge's hands.
Kevin
Strickland, 62, has spent 43 years at Western Missouri Correctional
Center in Cameron, Missouri, after he was convicted of one count of capital
murder and two counts of second-degree murder in a triple homicide. He received
a 50-year life sentence without the possibility for parole for a crime he says
he wasn't involved in -- and Jackson County Prosecutor Jean Peters Baker agrees.
Four
people were shot in Kansas City, Missouri, on April 25, 1978, resulting in
three deaths, according to CNN affiliate KSHB. The only survivor of the crime, Cynthia Douglas, who
died in 2015, testified in 1978 that Strickland was at the scene of the triple
murder.
Douglas
survived the shooting after sustaining a shotgun injury and told police that
Vincent Bell and Kiln Adkins were two of the perpetrators. But she did not
identify Strickland, who she knew, at the scene until a day later, according to
KSHB, after it was suggested to her that Strickland's hair matched Douglas'
description of the shooter. Douglas claimed that her initial failure to
identify him was due to the use of cognac and marijuana, according to KSHB.
But
over the past 30 years she said that she made a mistake and falsely identified
Strickland. According to KSHB, Douglas made efforts to free Strickland through
the Midwest Innocence Project.
The
two assailants that Douglas identified at the scene both plead guilty to
second-degree murder and each ended up serving about 10 years in prison for the
crimes, according to Strickland's attorney, Robert Hoffman.
"Most
of us have heard the famous quotation that 'injustice anywhere is a threat to
justice everywhere,'" Peters Baker said in an online statement posted
in August. "Kevin Strickland stands as our own example of what happens
when a system set to be just, just gets it terribly wrong."
On
Monday, during the first day of an evidentiary hearing -- which involves
eyewitness testimony given under oath -- Strickland's legal team presented
evidence and arguments to exonerate him. Strickland also testified.
'I
wasn't about to plead guilty to a crime I had absolutely nothing to do with'
If
Strickland is released, his confinement would become the longest wrongful
imprisonment in Missouri history and one of the fourth longest in the nation,
according to The National Registry of
Exonerations.
"I
wasn't about to plead guilty to a crime I had absolutely nothing to do
with," Strickland said during Monday's hearing, according to CNN affiliate
KCTV. "Wasn't going to do it...at 18 years old, and I knew the system
worked, so I knew that I would be vindicated, I wouldn't be found guilty of a
crime I did not commit. I would not take a plea deal and admit to something I
did not do."
In
2020, there were 129 exonerations nationwide. Defendants exonerated
last year lost a total of 1,737 years behind bars, an average of 13.4 years per
exoneration, according to a report from The National Registry
of Exonerations. And 30% of wrongful convictions in the registry's
database can be traced back to mistaken eyewitness identifications.
The
hearing concluded Wednesday with the judge saying he will make a ruling in a
timely matter, Michael Mansur, director of communications for prosecutor Jean
Peters Baker, told CNN.
"We
cannot predict the court's timing in making a ruling," Hoffman told CNN
Thursday. "But we do believe the judge understands and appreciates the
importance of a prompt decision in a case like this, and we expect he will rule
as promptly as he reasonably can."
Countless
efforts calling for his release
Over
the past year, there have been several efforts calling for Strickland's
release.
In
May, a petition to the Missouri Supreme Court for his release was filed with
an accompanying letter detailing
results of an investigation by the county prosecutor's
Conviction Integrity Unit, a group that reviews post-conviction claims of
innocence where credible evidence of innocence that was not known at the time
of conviction exists.
"Based
upon the amount and quality of the evidence available today, this office would
not charge Mr. Strickland with any crime," the letter said.
"Reliable, corroborated evidence now proves that Mr. Strickland is
factually innocent of the charges for which he was convicted in 1979."
According
to the letter, "In the interests of justice, Mr. Strickland's conviction
should be set aside, he should be promptly released, and he deserves public
exoneration."
In
May, Peters Baker was joined by Strickland's attorney and the Midwest Innocence
Project to present evidence that has surfaced since the wrongful
conviction, according to court documents. But in June the Missouri
Supreme Court declined to hear Strickland's attempt to exonerate himself.
Later
that month, Missouri Gov. Mike Parson released a list with 36 people who were
pardoned by him, but Strickland was not one of them.
"It's
pretty easy on the outside to say 'Hey, he's innocent,'" Parson told KSHB in June. "I don't know whether he's innocent or not.
I don't. Other than the facts I read, and then you have to determine 'Yes, this
is something we should look at.' We did, in great lengths."
CNN
has reached out to Parson's office.
Attorney
General Eric Schmitt said he's convinced Strickland is guilty and argues his
conviction should be upheld, according to CNN affiliate KMBC.
CNN
has reached out to the Missouri Attorney General's office, but they declined to
comment on the ongoing litigation.
Schmitt's
office said that Strickland's trial was fair and constitutional and has filed
other motions challenging other pieces of evidence, according to KSHB.
Strickland's initial trial produced a hung jury and the second trial resulted
in the conviction that ultimately placed him in prison.
"His
first trial resulted in a hung jury, with the sole Black juror refusing to
convict," Hoffman said. "Unfortunately, in his second trial, which
was to an all-White jury, he was convicted of capital murder and sentenced to
life in prison with no possibility of parole for 50 years."
"As
a result, Mr. Strickland has spent his entire adult life in prison, for a crime
that he did not commit," he said.
New
law opens doors for prosecutors to seek relief in wrongful conviction cases
On
August 28, a new Missouri law opened the door for
prosecutors to file a motion to vacate or set aside a judgment at any time if
they have information that a convicted person may be innocent or may have been
erroneously convicted.
"Upon
the filing of a motion to vacate or set aside the judgment, the court shall
order a hearing and shall issue findings of fact and conclusions of law on all
issues presented," the law says. "The attorney general shall be given
notice of hearing of such a motion by the circuit clerk and shall be permitted
to appear, question witnesses, and make arguments in a hearing of such a
motion."
Previously,
Missouri didn't have a legal route for prosecutors to take in wrongful
conviction cases, according to the Equal Justice Initiative, a nonprofit
providing legal representation to people who have been illegally convicted,
unfairly sentenced, or abused in state jails and prisons.
"The
newly-enacted statute in Missouri that allows this proceeding requires the
judge to consider a very large volume of written material from the original trial
and from prior habeas proceedings, so there is much more work for the court
than just presiding over the hearing that took place this week," Hoffman
said.
"The
Missouri General Assembly and Gov. Parson deserve credit for creating a new
legal avenue for a local prosecutor to seek relief," Peters Baker said in
an online statement in August. "Making it possible for an officer of the
court to stand before a judge and argue to correct a grave wrong is a system of
justice we can all stand behind."
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