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ST. LOUIS — St. Louis Circuit Attorney Kimberly M. Gardner’s office on Monday asked a judge to free a man who has spent 33 years in prison for a murder there is no evidence he committed.

Christopher Dunn was convicted in July 1991 of first-degree murder, first-degree assault and armed criminal action in the fatal shooting of 15-year-old Ricco Rogers. The case relied almost entirely on the eyewitness testimony of two teen boys who later recanted.

In addition to a lack of physical evidence, the filing said Dunn had an alibi that was never presented at trial: He was home watching TV with his family and speaking with friends on the phone.

“Mr. Dunn has been incarcerated for a crime in which there is clear and convincing evidence he did not commit,� Gardner’s office wrote in a statement. “We have an ethical duty to work to correct this injustice.�

Monday’s filing is the second time Gardner’s office has filed to vacate a wrongful conviction. Lamar Johnson was freed from prison in February after spending 28 years in prison for a murder he did not commit.

Gardner touted Johnson’s case as an example of her office’s success as she came under intense scrutiny in recent months over organizational issues. Beginning in 2021, a law passed by Missouri lawmakers allowed prosecutors to ask for convictions to be vacated.

Dunn’s case may be one of her last acts as the city’s top prosecutor before she’s set to resign June 1.

It is unclear who will take over the case after the transition. Gov. Mike Parson, a Republican, is slated to appoint Gardner’s replacement, and St. Louis County Prosecuting Attorney Wesley Bell’s office confirmed last week that attorneys met with Gardner’s office to discuss how it could help in the transition, but they did not identify specifics.

The filing was a welcome development for attorneys with the Midwest Innocence Project, a nonprofit that helps the wrongfully convicted, and attorney Justin Bonus, both of whom represent Dunn.

“We look forward to presenting the evidence of his innocence to the court,� they wrote.

On May 18, 1990, Rogers and two other boys, 14-year-old DeMorris Stepp and 12-year-old Michael Davis, were sitting on the porch of a home at 5607 Labadie Avenue in the city’s Wells-Goodfellow neighborhood.

Stepp testified at trial roughly a year later that he saw Dunn standing at the house next door just a few minutes before he heard shots. The boys tried to run away, but Rogers was killed, the boys testified.

Dunn was convicted July 18, 1991, and sentenced to life without the possibility of parole for the murder, plus 90 years for the assault and armed criminal action.

For more than 30 years, Dunn maintained his innocence.

He said his lawyer was ineffective because they did not present testimony from Dunn’s mother and sister saying he was home at the time of the crime or from two of his friends, who said they spoke with him on the phone around the time the homicide was committed.

In 2005, Stepp signed an affidavit admitting he lied about seeing Dunn that night, partly because the state offered him a guarantee of probation for pending felony charges.

Davis also later recanted, admitting that at the time of the trial, Stepp and Davis were members of the Bloods gang, while they suspected Dunn was a member of the rival Crips. Police also had Rogers’ mother call Davis, who through tears pushed the 12-year-old to testify and “get rid of this monster,� according to Monday’s filing.

In 2020, Texas County Circuit Judge William Hickle heard the evidence and found: “This court does not believe that any jury would now convict Christopher Dunn under these facts.�

But the law does not allow a judge to release an innocent defendant from prison unless they are sentenced to death. Only a prosecutor can petition to do that, according to the Midwest Innocence Project.

“Recognizing this injustice and acting on her ethical duty to do justice, the circuit attorney has filed a motion to vacate Chris’ conviction and asks the court to free him,� the statement said.

A hearing will likely be scheduled to discuss the case, though no date had been set as of Monday evening.

Editor's note: This story has been corrected to reflect that Dunn was sentenced to life in prison plus 90 years.