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Lindsay Runnels, counsel for Lamar Johnson, begins. "Despite voluminous briefing, this case is simple. Lamar Johnson is innocent."
. @lindsayjrunnels outlines the evidence of Mr. Johnson& #39;s innocence: sworn testimony from the eyewitness that his identification was false, that he made the identification in exchange for undisclosed payments from the state, the real perpetrators have confessed, etc.
. @lindsayjrunnels notes that Mr. Johnson is likely listening to this argument right now from the Jefferson City Correctional Center.
Harawa: The Circuit Attorney investigated and discovered that Mr. Johnson is innocent. The question is what is her role in undoing a wrongful conviction?
The Court has asked a question, but it is inaudible.
Court asks about the procedural posture of the case. Harawa: A prosecutor may file a motion for new trial under Rule 29.11.The 15-day time limit only applies to defendants. To the extent there is confusion, this Court should clarify a prosecutor always has ability to do justice.
Harawa: "This Court always has the power to correct a manifest injustice."
Court: You discuss Rule 29.11, but statute 547.010 says that relief can only be granted by motion of the Defendant. Harawa: Statute& #39;s silence doesn& #39;t necessarily mean there is a conflict between rule and statute.
Court: If this Court finds there is no jurisdiction in the underlying criminal case, what other avenues are available?
Harawa: In regards to a prosecutor, there is no real other avenue. A prosecutor cannot insert herself into Rule 91 proceedings that occur in the jurisdiction where the defendant is held and to which prosecutor is not a party.
Court: Why hasn& #39;t the Circuit Attorney joined with Lamar Johnson to request a pardon from the Governor?
Harawa: Has not ruled that out. Question is what can the prosecutor do as a minister of justice, as an officer of the court.
Shaun Mackleprang for the Attorney General begins: Mr. Johnson is not innocent. He was found guilty by a jury. And no evidence of his evidence has ever been presented at a hearing.
AG: The trial court has no jurisdiction to hear the case.
Court: Can you address argument that other avenues are inadequate?
Mackleprang: They are not inadequate. Makes sense that processes should be about what a defendant can do, not a prosecutor.
Mackleprang: While the @stlcao has reached the opinion that Mr. Johnson is innocent, that is not evidence. She is not a fact witness.
Court: Argument that prosecutor must just turn over results of investigation to a defendant to present does not appear to be an efficient process.
Mackleprang: Not inefficient for Mr. Johnson& #39;s legal counsel to present the evidence.
Mackelprang: Prosecutor could also lodge the evidence of innocence to the court. Evidence needs to be subjected to the cross-examination. It is not as simple as been held up today.
Court asks about whether a prosecutor could file under Rule 74.06.
Mackelprang: Prosecutor bound to represent many parties, including public. Relies on all parties being able to see a prosecutor as being a fair arbiter of justice.
Mackelprang: And any time a prosecutor takes it upon him or herself to advocate for a defendant, where the office had prosecuted that defendant, it calls into question all that happened before... and has potential to undermine public confidence.
