Missouri court overturns inmate's death row status

JEFFERSON CITY, Mo. -- The Missouri Supreme Court on Tuesday overturned the conviction of death row inmate Joseph Amrine, who had claimed he was innocent of killing another prisoner 17 years ago.

The Supreme Court, in a 4-3 decision, said Amrine had shown "clear and convincing evidence of actual innocence that undermines confidence" in his conviction.

The court ordered Amrine to be freed from prison in 30 days unless the state files new murder charges against him. A prosecutor said he would review the case, but acknowledged there would be "obvious hurdles" if he opted for a retrial.

Amrine, 46, of Kansas City, was sentenced to death for the fatal stabbing of fellow prisoner Gary Barber on Oct. 18, 1985, in a recreation room at the state prison in Jefferson City.

But three inmates who testified against Amrine later said they lied to win special protection for themselves, Amrine's attorney said when arguing the case before the state Supreme Court in February.

Upon hearing the news, about 40 people gathered at the Kansas City home of Amrine's brother, Ronnell Amrine, where there were lots of hugs and high-fives.

The family had become more hopeful, Ronnell Amrine said, after the release of a 30-minute documentary -- "Unreasonable Doubt: The Joe Amrine Case" -- produced by a University of Missouri teacher and students. Groups have shown it across the state.

"We were all shocked and surprised," Ronnell Amrine, 48, said Tuesday night. "We're all really happy."

The Supreme Court cited the recantations while also noting a prison guard had identified one of those three witnesses as the killer. The court also said six other inmates testified at the original trial Amrine was playing cards elsewhere at the time of the murder, and no physical evidence liked Amrine to the murder weapon.

Writing for the majority, Judge Richard Teitelman said Amrine's case "presents the rare circumstance in which no credible evidence remains from the first trial to support the conviction."

Amrine's attorney, Sean O'Brien of Kansas City, said Amrine was "absolutely thrilled" by the decision.

"His first response is he didn't believe it, he thought I was joking," O'Brien said. "Then when I explained to him what it was, he started crying on the phone, then he started laughing, then he started crying again."

Amrine's sister also started crying for joy when told of the Supreme Court decision by The Associated Press.

"We've been waiting for this so long. It's such a relief," said Marva Amrine, 40, of Kansas City, who was about 15 when her brother first went to prison.

Cole County Prosecutor Bill Tackett said he would review the evidence before deciding whether to retry Amrine.

But Tackett added: "If you look at the Supreme Court opinion, there are obvious hurdlers that would have to be overcome in a retrial of this case -- not the least of which are three witnesses who have recanted and 17 years of time passed."

Attorney General Jay Nixon, whose office defended Amrine's conviction on appeal, said the Supreme Court decision sets a precedent.

The case marked the first time the Missouri Supreme Court had addressed whether a claim of innocence alone -- without any claim of a violation of constitutional rights -- could be heard by the high court as grounds to overturn a conviction and sentence.

"We will be informing local prosecutors of this new standard," Nixon said in brief statement.

Anti-death penalty groups praised the Supreme Court decision. Missourians to Abolish the Death Penalty renewed calls for Democratic Gov. Bob Holden or the Republican-led Legislature to halt all executions and create a commission to study the state's capital punishment system.

Holden previously has refused such requests. Bills to place a moratorium on Missouri's death penalty -- or to overturn the law -- have not made it to the floor for debate in either the House or Senate.

In the court's decision, Teitelman was joined in the majority opinion by Judges Ronnie White, Laura Denvir Stith and Michael Wolff -- all four of whom where appointed to the court by Democratic governors.

The court's three Republican-appointed judges dissented.

Judge Duane Benton argued in a dissenting opinion for the appointment of a special master to gather evidence through hearings and help determine whether Amrine is actually innocent. His position was embraced by Chief Justice Stephen Limbaugh Jr. and echoed by Judge William Ray Price Jr. in a separate dissent.

Before his conviction for Barber's murder, Amrine had been serving a sentence for robbery, burglary and forgery and would have been freed from prison in 1992. Barber, formerly of St. Louis, was imprisoned for burglary, auto theft and stealing.

Investigators never found physical evidence linking Amrine to the knife used to stab Barber. But inmates Randy Ferguson and Jerry Poe testified they saw Amrine stab Barber, and inmate Terry Russell said Amrine told him he had stabbed Barber.

Ferguson and Russell recanted early in the appeals process and Poe changed his statement later. Corrections officer John Noble has identified Russell as the attacker. Noble has not changed his statement.

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Associated Press reporter Amy Shafer in Kansas City contributed to this report.

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Case is SC84656

On the Net:

Missouri Judiciary: http://www.osca.state.mo.us