Missouri man convicted of '92 slaying released (AP)

This is a discussion on Missouri man convicted of '92 slaying released (AP) within the Crimes and Trials News forum, part of the Law News category; AP - A man who spent half of his life in prison for a 1992 slaying was freed Wednesday after ...

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Old Feb 19th, 2009, 01:50 AM   #1
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Default Missouri man convicted of '92 slaying released (AP)

AP - A man who spent half of his life in prison for a 1992 slaying was freed Wednesday after a judge ruled that he was wrongly convicted and had to be retried or released.

Joshua Kezer, 34, left the Jefferson City Correctional Center on Wednesday afternoon when Scott County prosecutor Paul Boyd said he would not seek a new trial.

In his ruling, Cole County Circuit Judge Richard Callahan criticized the special prosecutor who helped persuade a jury to convict Kezer of second-degree murder and armed criminal action in the death of Angela Mischelle Lawless, a 19-year-old nursing student at Southeast Missouri State University. Callahan ruled that special state prosecutor Kenny Hulshof improperly withheld several key pieces of evidence from Kezer's defense attorneys.

Callahan also said Kezer met the legal burden of "demonstrating actual innocence by clear and convincing evidence. ... Confidence in his conviction and sentence are so undermined that they cannot stand and must be set aside."

The state's prosecution was based on the testimony of another suspect in Lawless' death who said he saw Kezer at a nearby convenience store on the night of the killing. But Mark Abbott, who is serving a 20-year drug sentence in federal prison, gave conflicting testimony in police interviews and subsequent statements.

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