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JOSEPH AMRINE
FREE AT LAST
Joseph Amrine was released from the
Cole County Detention Center on Monday, July 28, 2003
MISSOURI SUPREME COURT ORDERS JOE
AMRINE'S RELEASE
IF HE IS NOT RE-CHARGED WITHIN 30 DAYS.
On April 29, 2003, the Missouri Supreme
Court issued an opinion granting
Joe a writ of habeas corpus finding that he had established by
"clear and convincing evidence" that he is innocent of the murder
of Gary Barber. Unless the Cole County prosecutor seeks a
re-trial.
Mo Supreme Court Opinion
For more details visit the following websites:
Oral Argument
Listen to the argument on Joseph Amrine's case for actual innocence
argued by Sean O'Brien in the Missouri Supreme Court on February 4, 2003
State's Argument is a Stretch, Even for Death Penalty Backer
an article by Bill McClellan that appeared in the St.
Louis Post-Dispatch,
February 9, 2003
Joe Amrine - Facing Execution on Tainted Testimony
an in-depth article about Joe's case from AMNESTY INTERNATIONAL
THE
AMERICAN WAY OF DEATH
an article by Andrew Gumbel, that appeared in THE INDEPENDENT,
April 15, 2002
UNREASONABLE DOUBT:
The Joe Amrine Case
an award winning documentary by
University of Missouri students
A feature article at salon.com
TOO LATE TO STOP THE HANGMAN?
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Joseph Amrine was convicted and sentenced to death solely on the testimony of jailhouse informants who have admitted that their bought-and-paid-for testimony against Amrine was false. The most reliable eye-witness, Corrections Officer John Noble, implicates Amrine's very first accuser, Terry Russell, in Barber's death. Only hours before Barber was stabbed, Russell was released from disciplinary confinement imposed for attacking Barber scarcely a week earlier. New evidence establishes that without question, Amrine is innocent. The Eighth Circuit Court of Appeals en banc observed that "[t]he strength of Amrine's showing at this point raises the real possibility that his case may be an example of the 'extremely rare' scenario for which the actual innocence exception is intended." 128 F.3d at 1228. Nevertheless, the Missouri Attorney General continues to press for Amrine's execution, using legal technicalities to prevent him from obtaining a new trial. |
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Q. (by Mr. O'Brien) So Mr. Brooks explained to you why he was questioning you about the murder; is that correct? A. (by Terry Russell) Yes. Q. And he told you that the fight with Barber made you a suspect? A. Yes. Q. The fact that you had both been released from lock-down that very day kind of made you a suspect? A. Yes. Q. And that John Noble saw you running from Barber and that also made you a suspect, didn't it? A. Yes. Q. Did they say anything about charging you with the crime? A. Yes. Q. And what did they tell you? A. They read me my rights and then they said they was going to charge me. Q. So your primary concern at that time was that you were going to be charged with murder? A. Yes. Q. Why would you blame Joe Amrine as opposed to any other inmate who was in that multipurpose room? A. It was just -- I was just using that as a witness because there was a rumor going out about him and Barber had some words and that's why I used his name. Q. So you knew about that rumor, about the argument between Amrine and Barber? A. Yes. Q. And so you used that to deflect suspicion away from yourself-- A. Yes. Q. -- is that fair? A. Yes. |
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In addition to avoiding prosecution for the murder of Gary Barber, Russell's unholy alliance with prison investigators earned him protective custody and a prosecutorial commendation to the parole board that gained his release so he could kill again. Randall Ferguson also admitted that he testified against Amrine to "save my own ass." Ferguson was concerned that "If I didn't testify to what I seen, you know, charges could have been put on me." Ferguson and Poe were vulnerable young men willing to trade their testimony for protection from the sexual predators that were rampant in the Missouri State Penitentiary. Prison investigator George Brooks admitted that he could have gotten Ferguson to say anything with an offer of protection. After Amrine's trial, Jerry Poe stated in a sworn affidavit, "I am really sorry for what I have done to Joe Amrine. I lied on this man because I was afraid and I hope it is not too late to right a wrong." Randy Ferguson testified in a videotaped deposition, "For over twelve (12) years, I've been haunted by Gary Barber's death and Joseph Amrine's conviction for it. In fact, I've made several suicide attempts because of it, two (2) in the past four (4) months. I desperately need to see the greatest injustice ever committed by me rectified." Officer Noble is he only witness in this case who has no ax to grind and nothing to gain or lose from his testimony. He is the only eyewitness to the crime who is not a convicted felon, never received any deals or consideration for his testimony, and clearly had no involvement in the Barber's death. He has consistently given the same exculpatory information, which was distorted at trial in the prosecutor's skillful efforts to minimize the probative value of his observations. He has no doubt that he identified the person who was involved in the altercation with Barber. Surprisingly, the state opted to disregard Noble's observations and rest its case on the highly suspect and inconsistent testimony of three inmates who had much to gain by fingering Joe Amrine. Courts have avoided the issue of Amrine's innocence by creating a restrictive definition of "new evidence." While there is much evidence the jury did not hear, most of it is not "new" because a competent trial attorney could have discovered it. Because Amrine was defended by one of the most incompetent defense lawyers in Missouri, almost none of the evidence that he is innocent meets the technical definition of "new evidence." The courts therefore ignored the persuasive evidence which the jury did not hear, including the recantations of Randy Ferguson and Terry Russell, and eye-witness accounts by several inmates who saw Terry Russell stab Gary Barber while Joe Amrine was playing cards. Joseph Amrine was released from the Cole County Detention Center on Monday, July 28, 2003. Download a
copy of
Joseph Amrine's
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