St. Louis Observer: September 4, 2022
Motion to vacate filed in first step to free Lamar Johnson; MO school district reinstates corporal punishment; charges against activist from 2017 Stockley protest dismissed
Editor’s Note
After waiting for more than a year, last week the St. Louis City Circuit Attorney Kimberly Gardner finally moved forward with filing the necessary pleadings to right the wrongful conviction of Lamar Johnson. This is a pivotal moment for our City - Johnson has a strong chance of release and our elected prosecuting attorney has responded to community demands.
In 2021, the Missouri Legislature passed a law that allowed county prosecutors - like Gardner - to file a document called a “motion to vacate,” which is a formal request to a judge to void a previous conviction that the aforementioned county prosecutor believes was wrongfully obtained. While there’s certainly more nuance and history involving Johnson, leading up to the passage of this law, we are keeping it brief today.
The point: within days of the new law taking effect, Kansas City prosecuting attorney Jean Peters Baker filed her motion to vacate to free Kevin Strickland of his 43-year wrongful conviction. Gardner filed nothing. Within months, Baker was successful in Missouri’s first wrongful conviction rectification lawsuit, overcoming an excessively unethical and abusive defense of the wrongful conviction by Missouri Attorney General Eric Schmitt. Even after Strickland’s release in November, Gardner still did not act.
Before last week, Baker was the only prosecutor in the state to move forward with freeing the wrongfully convicted in her jurisdiction since the new law took effect at the end of August 2021. Gardner, for reasons unclear, remained silent on the filing of Johnson’s motion to vacate - until last week.
This is where we acknowledge and give credit to the vocal community groups in St. Louis, who have continued to elevate and advocate for Johnson. The Missouri Justice Coalition led activists last Monday to stand in protest outside of the 22nd Judicial Circuit Courthouse - and Gardner’s office - to demand that the Circuit Attorney move forward with liberating Johnson. Missouri Faith Voices advocated for clemency in the years following the wrongful conviction. Elected officials called directly upon Gardner to file the necessary pleadings. Community leaders demanded the termination of the detective who fabricated evidence that was used to convict Johnson. A broad coalition of advocates from across the state came together under the common cause of freeing Johnson from his wrongful conviction —and it worked.
By Wednesday of last week, the court docket shows that a sealed “Motion to Vacate” was filed by Gardner’s office, along with 19 exhibits in support. And although the new statute gives him the authority to do so, as of the date of publishing, the Attorney General has yet to insert himself into the case as he did with Strickland’s liberation in 2021.
Our City’s history is rich with civil rights activists calling attention to important causes by leveraging public attention - and in turn, pressure - to move elected officials to take action. Public pressure by demanding action by the responsible prosecutor and organizing community members & leaders is a proven tactic that holds St. Louis’ leaders accountable.
We applaud the resilience and persistence of Johnson’s supporters, family, and friends. And in consideration of the hundreds, if not thousands, of wrongfully convicted women & men currently incarcerated in this state, we hope that the next prosecutor doesn’t take a year to file those necessary legal documents.
The Observer will be taking next weekend, Sept. 9, off. In the meantime, follow us on Twitter and subscribe to stay updated on St. Louis’ and Missouri’s abolition-related news! We’ll be back when the St. Louis Board of Aldermen reconvenes on Sept. 16.
In the News
Police, prosecutorial, and judicial accountability
The Missouri Attorney General recently requested that an execution date be set for Kevin Johnson, who was convicted of murdering a Kirkwood police officer in Meacham Park at age 19 by notoriously corrupt prosecutor Bob McCulloch. Despite studies showing that youth under 25 years old “are less culpable and more capable of change,” the State of Missouri continues to seek the death penalty for late adolescents. [Missouri Independent/Megan Crane & Amy Breihan]
St. Louis City Circuit Attorney Kimberly Gardner has filed a motion to vacate the wrongful conviction of Lamar Johnson, who has been incarcerated since 1994. Gardner’s move comes nearly three years after her first attempt to free Johnson from the nearly-30-year conviction for murder that has long since been solved. [Missouri Independent/Rebecca Rivas]
A St. Louis judge has dismissed charges against civil rights activist Rev. Darryl Gray, stemming from the 2017 protests that followed the acquittal of former SLMPD officer Jason Stockley. Gray had been charged with interfering with law enforcement, and the charges were dismissed after discovery was conducted and the SLMPD officers involved refused to testify as to their own actions in Gray’s arrest. [Riverfront Times/Ryan Krull]
A St. Louis County police officer who attended former president Donald Trump’s 2017 State of the Union has been selected by St. Louis County Republicans to fill the ballot vacant left by St. Louis County Republican Bruce DeGroot, who has decided to not seek a third term. Justin Sparks will face Democrat Josh Thackston for the 110th House District, which covers Chesterfield, Wildwood, and other parts of west St. Louis County in the November general election. [St. Louis Post-Dispatch/Kurt Erickson]
Economic development & housing
Advocates for St. Louis’ unhoused community are pushing for affordable housing, despite a new state law that redirects state & federal funding into short-term shelters and non-permanent housing. The new law, which was sponsored by Rep. Bruce DeGroot, also criminalizes people for sleeping in tents on state-owned property and allows for the Attorney General to sue cities for not enforcing the law. [St. Louis Public Radio/Andrea Y. Henderson]
Further reading
A southwestern Missouri school district has announced that it will reinstate corporal punishment of its students - with parent permission, of course. In an effort to “test the waters” for physical abuse of children, the Cassville School District Superintendent has stated that the policy was revived because of “anonymous survey” responses submitted by parents, students, and staff. There is no indication that the survey or its results have been made public by the school district. [Associated Press/Heather Hollingsworth and Margaret Stafford]
A new report has found that Midwestern students have been most negatively impacted by the COVID-19 pandemic, as analyzed by reading and mathematics scores. The decline in reading scores, for example, is the largest since 1990, and math scores declined by nine points. [Riverfront Times/Jessica Rogen]
A federal investigation into the severe beating and brutalizing of a developmentally-disabled 24-year old patient has revealed systemic patterns of abuse, neglect, humiliation, and exploitation within facilities operated by the Illinois Department of Human Services. Despite multiple criminal charges and convictions of employees who have abused mentally- and intellectually-disabled persons, the facilities remain open and federal monitors have withdrawn. [ProPublica/Beth Hundsdorfer and Molly Parker]
Beyond the Paywall
To read these below articles in full, please visit SLPL.org and access these articles through the Digital Content tab. St. Louis City & County residents can read these publications for free using their library cards.
“Judge fines Northwoods officer $10,000 for assaulting woman at DMV,” by Taylor Tiamoyo Harris, St. Louis Post-Dispatch
“St. Louis officials slam plan for fewer polling places in September,” by Austin Huguelet, St. Louis Post-Dispatch
“Messenger: St. Louis Archdiocese tells Catholic schools to drop free school lunch program,” by Tony Messenger, St. Louis Post-Dispatch
“Supporters push for release of man report says was wrongfully convicted,” by Taylor Tiamoyo Harris, St. Louis Post-Dispatch
“St. Louis researchers use ‘secret shopper’ studies to reveal low access to drug treatment,” by Jesse Bogan, St. Louis Post-Dispatch
“Messenger: Missouri regulators launch investigation into Ferguson-Florissant suspensions,” by Tony Messenger, St Louis Post-Dispatch
“St. Louis Municipal Court clears more than 2,700 warrants in nonviolent offenses,” by Taylor Tiamoyo Harris, St. Louis Post-Dispatch
Legislative Update
St. Louis City Board of Aldermen
The St. Louis City Board of Aldermen currently is in recess. The Board will reconvene on Friday, September 16, 2022.
BB 26 and BB 29, sponsored by Ald. Megan Green (Ward 15), would put before City voters the ballot issue of enacting a surcharge on developers who reduced the number of units for housing rehabs and redevelopment. The bills were assigned to the Neighborhood Development Committee on May 13 and have made no further movement since.
Learn more about how a bill becomes a City ordinance.
Quote of the Week
“For 27 years, Lamar has waited for justice. We hope that today’s detailed motion marks the beginning of the end of Lamar’s road to freedom. We have long said the truth always finds a way, and that Lamar only needed a chance to tell it. The time has finally come.”
Lamar Johnson’s defense team in a statement earlier this week