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Lamar Johnson is interviewed by PBS NewsHour

Lamar Johnson is interviewed by PBS NewsHour

August 15, 2023

Missouri Judge Cites ‘Actual Innocence’ in Overturning Conviction of Man Imprisoned Nearly 30 Years

Ask students: What evidence helped lead to Johnson’s release? How can prosecutors in Missouri now get new hearings in cases of wrongful convictions?

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Summary

In February, a Missouri judge overturned the conviction of Lamar Johnson, a man who served nearly 28 years of a life sentence for a murder he didn’t commit. Circuit Attorney Kim Gardner says an investigation conducted by her office with the help of the Innocence Project convinced her Johnson was telling the truth. Circuit Judge David Mason cited actual innocence during the court case. 

In 1995, Johnson was convicted for the murder of Marcus Boyd. Police and prosecutors say a dispute over drug money led to Boyd’s death. Johnson says he wasn’t at the scene of the crime when it happened. But he was identified by James Gregory Elking who said last December that he felt “bullied” and “pressured” by Detective Joseph Nickereson to testify against Johnson.

The Missouri Supreme Court had initially denied Johnson’s request for a new trial. The case prompted Missouri to pass a law making it easier for prosecutors to get new hearings in cases where there is fresh evidence of a wrongful conviction. Click here for the full story. 

Key Terms

  • Actual innocence (noun) — according to Circuit Judge David Mason, it is “evidence so reliable that it actually passes the standard of clear and convincing”
  • Hearing (noun) — an official event in which evidence is presented in a court of law or before an official, especially a trial before a judge without a jury
  • Life sentence (noun) — punishment by incarceration for the rest of a convicted person’s natural life
  • Coerce (verb) — to make someone do something with the use of force or threats
  • Prosecute (verb) — to officially accuse someone of a crime and bring a case against that person in a court of law
  • Adjudicate (verb) — to make a formal decision on a problem or disputed matter
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Five Facts

  • What evidence helped lead to Johnson’s release?
  • Where was Johnson during the murder of Marcus Boyd?
  • Who allegedly pressured Elking to testify against Johnson?
  • Why did the Missouri Supreme Court initially deny Johnson’s request for a new trial?
  • How can prosecutors in Missouri now get new hearings in cases of wrongful convictions?

Focus Questions

  • Why is the significance of the Innocence Project in this story? 
  • How well does this story convey the hearing of Lamar Johnson?

News analysis: Discuss and debate the following. Do journalists reporting on criminal justice rely too much on institutional sources like police, judges and prosecutors? If so, how can criminal justice reporting be more balanced?

For More

This story is part of NewsHour’s “Searching for Justice” Series. Searching for Justice explores criminal justice reforms unfolding across the country, as the leaders from both sides of the political aisle attempt to end mass incarceration by rethinking laws that some say have become barriers to work, housing, and economic stability. Click here for more stories and the series and watch for more NewsHour Classroom lesson content based on Searching for Justice stories.

What can students do? Research other cases listed on the Innocence Project website and read about ways to take action. Try coming up with your own ideas to take action, outside of the suggestions listed on the website.

Republished with permission from PBS NewsHour Classroom.

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