By David Reutter / Prison Legal News
To correct a “grave miscarriage of justice,” Pennsylvania U.S. District Court Judge Anita Brody granted a writ of habeas corpus to a state prisoner and vacated his conviction and death sentence for a murder that “in all probability he did not commit.” The court found violations under Brady v. Maryland, 373 U.S. 83 (1963) due to the state’s withholding of evidence.
James A. Dennis was convicted in Philadelphia for the October 22, 1991 killing of high school student Chedell Williams. Williams, 17, and a friend, Zahra Howard, were approached by two men who demanded they give up their earrings. The girls fled; Howard hid behind a fruit stand while Williams ran into the street.
The men chased Williams. One of them held a gun to her neck and shot her; they then jumped into a car and sped away. Williams was pronounced dead shortly after her arrival at a hospital.
Dennis’ conviction was “based on scant evidence at best,” the district court wrote in an August 21, 2013 ruling. “It was based solely on shaky eyewitness identifications from three witnesses, the testimony of another man who said he saw Dennis with a gun the night of the murder, and a description of clothing seized from the house of Dennis’ father that the police subsequently lost before police photographed or catalogued it.”
The police never recovered a weapon, never found the car used by the assailants and never found two accomplices described by witnesses. Judge Brody said confidence in Dennis’ conviction was significantly diminished by flaws with the investigation and prosecution of the case, and noted “There was virtually no physical evidence presented at trial.”Read More