Judge vacates conviction of man imprisoned nearly 3 decades
ST. LOUIS >> A Missouri judge on Tuesday overturned the conviction of a man who has served nearly 28 years of a life sentence for a killing that he has always said he didn’t commit.
Lamar Johnson, 50, closed his eyes and shook his head slightly as a woman on his legal team patted him on the back when Circuit Judge David Mason issued his ruling.
Before announcing his decision, Mason said that in weighing the case, there had to be “reliable evidence of actual innocence — evidence so reliable that it actually passes the standard of clear and convincing.”
A court official said after the hearing that Johnson would be “processed out” but should be available soon outside of the courthouse.
St. Louis Circuit Attorney Kim Gardner filed a motion in August seeking Johnson’s release, prompting a hearing in December before Mason.
“Today the courts righted a wrong — vacating the sentence of Mr. Lamar Johnson, following his wrongful conviction in 1995,” Gardner said in a statement after Tuesday’s hearing. “Most importantly, we celebrate with Mr. Johnson and his family as he walks out of the courtroom as a free man.”
Gardner said she’s “pleased that Mr. Johnson will have the opportunity to be the man and member of community that he desires.”
The Missouri attorney general’s office argued at the December hearing that Johnson should remain in prison.
Johnson was convicted of murder for the 1994 fatal shooting of Marcus Boyd. Police and prosecutors blamed the killing on a dispute over drug money. From the outset, Johnson maintained his innocence, saying he was with his girlfriend miles (kilometers) away when the crime occurred.
Gardner said an investigation conducted by her office with help from the Innocence Project convinced her that Johnson was telling the truth.
Boyd was shot to death on the front porch of his home by two men wearing ski masks on Oct. 30, 1994. While Johnson was convicted and sentenced to life, a second suspect, Phil Campbell, pleaded guilty to a reduced charge in exchange for a seven-year prison term.
Johnson testfied at the December hearing that he was with his girlfriend on the night of the crime, except for a few minutes when he stepped outside of the home of a friend to sell drugs on a corner several blocks from where the victim was killed.
“Did you kill Marcus Boyd?” an attorney asked.
“No, sir,” Lamar Johnson responded.
Johnson’s girlfriend at the time, Erika Barrow, testified that she was with Johnson that entire night, except for about a five-minute span when he left to make the drug sale. She said the distance between the friend’s home and Boyd’s home would have made it impossible for Johnson to get there and back in five minutes.
The case for Johnson’s release was centered around a key witness who recanted his testimony and a prison inmate who says it was he — not Johnson — who joined Campbell in the killing.