ST. LOUIS— A prominent attorney and retired judge who argued for former Circuit Attorney Kim Gardner's removal from office was tapped to review the innocence case of a man convicted of murder in St. Louis more than 30 years ago.
Booker Shaw was appointed to review the 1991 murder conviction of Christopher Dunn, according to the announcement from St. Louis Circuit Attorney Gabe Gore on Tuesday. Ultimately, Shaw will advise Gore on whether the circuit attorney should file a motion to throw out Dunn's life sentence.  Support for Dunn's innocence has grown nationally, and the Midwest Innocence Project, a nonprofit dedicated to fighting for the wrongfully convicted, recently took on Dunn's case.
Attorney Booker T. Shaw, who was hired by the judges of the 22nd Circuit Court, addresses Judge John Torbitzky during a hearing in St. Louis for a lawsuit where the State of Missouri is attempting to remove St. Louis Circuit Attorney Kimberly M. Gardner from office on Tuesday, April 18, 2023. Shaw told the judge the situation in the circuit attorney's office is “untenable and unsustainable.” Shaw went on to say Gardner's office is in “near total collapse.” Pool Photo by David Carson, dcarson@post-dispatch.com
Gardner's last act in office the day before she abruptly resigned May 16 was filing that same motion to vacate Dunn's life sentence. However, in Tuesday's announcement, Gore stated he withdrew Gardner's motion last month shortly after he was appointed by Missouri Gov. Mike Parson.
People are also reading…
"In a case of this magnitude, a full review of the facts and the law is required," said Gore. "I could not think of a better attorney to assist me in conducting the necessary analysis. I would like to thank Thompson Coburn (Shaw's current law firm) for lending us one of their finest legal minds."
Shaw was hired earlier this year by the judges of the 22nd Circuit to represent them during a hearing to remove Gardner, during which he called Gardner's office "untenable and unsustainable."
Previously, Shaw served as the chief judge of the Missouri Court of Appeals for the Eastern District. He also served as a judge for St. Louis' Circuit Court from 1983 to 2002. During that time, he was also the judge who sentenced Lamar Johnson to life in prison in 1995.
Johnson was freed on Valentine's Day after nearly 30 years in prison after St. Louis Circuit Court Judge David Mason approved Gardner's motion to vacate his 1995 murder conviction last year. She filed the motion in August, after facing years of legal hurdles, once state legislators approved an avenue for prosecutors to appeal cases in which they believe defendants were wrongfully convicted. That new law was inspired by Johnson's then ongoing struggle for freedom.
A five-day hearing was held for Johnson in December, and the law requires Gore go through a similar process if he opts to file the motion for Dunn.
In 2020, Texas County Circuit Judge William Hickle noted that there was clear evidence of his innocence, and said then no court today would convict Dunn, but cited legal hurdles in his bid for freedom.
Claims for Dunn's innocence in the murder he was convicted of rely on the lack of physical evidence linking him to the killing of a 15-year-old in 1990. The main two witnesses have since recanted their testimony, saying they were pressured by police and prosecutors at the time to make an identification, similar to Johnson’s case. Dunn, now 53, maintains that at the time of the murder he was at home with his mother and sister.
Dunn's wife, Kira Dunn, told the Post-Dispatch upon hearing the news that she and her husband were hopeful.
"Judge Shaw is an esteemed judge who's done outstanding work for the community of Missouri. We're confident that he'll see the same truth that Judge William Hickle saw," said Kira Dunn. "He has proven his innocence and deserves his freedom."
Editor's note: This story has been updated to correct that Shaw was appointed, not hired.
