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Thursday, March 26, 2015

Convictions Thrown Out for Three Men in 1995 East Cleveland Murder; New Trial Ordered

Posted By on Thu, Mar 26, 2015 at 1:41 PM

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The Ohio Innocence Project — fresh off getting historic exonerations for Ricky Jackson, Kwame Ajamu and Wiley Bridgeman — scored another victory this week for another trio who maintain their innocence.

Derrick Wheatt, Laurese Glover and Eugene Johnson were convicted 18 years ago in the 1995 murder of Clifton Hudson Jr. in East Cleveland. 

The background on the case, from the Ohio Innocence Project:

On Feb. 10, 1995, in East Cleveland, Ohio, 19-year-old Clifton Hudson Jr. was found murdered, shot multiple times. At the time, witnesses reported seeing a person wearing dark clothing and a dark hat at the scene. Three juveniles — Wheatt, Glover and Johnson — happened to be near the scene. But, they emphasized, when the shooting started, they sped off. All three later provided the police with descriptions of the shooter that matched the basic descriptions given by other witnesses. But in a twist of events, they were charged with the crime.

A year later in 1996, the three were convicted of Hudson’s murder, based on their presence at the scene and identification by Tamika Harris, then a 14-year-old. Harris originally reported to police that she saw the shooter get in and out of the defendants’ truck; but, she insisted, she never saw the shooter’s face. It was this tip, though, that led to the group’s initial arrest.

At the trial, Harris changed her story, admitting that she never saw the shooter actually get in or out of the truck. She testified, however, that she could positively identify Eugene Johnson as the shooter. .

All three were convicted and sentenced to between 15 and 18 years to life. Judge Nancy Russo threw out those convictions this week and ordered a new trial for the three men based on a couple of factors. First, the witness recanted her testimony.



She relayed that when she went to the police station years earlier, the officers told her they had found the people responsible, showed her photos of the three defendants, and asked which of the three was the shooter. Harris said she picked the one whose jacket was closest to the one she saw: Johnson’s. Though the trial court granted a new trial on this basis, it was overturned on appeal, in part because of the alleged gunshot residue evidence.

Second, police reports were finally made available to the defense team that were not initially provided by prosecutors. 

The reports included information that was not raised at the original trial, including the existence of two witnesses who confirmed that the shooter came from a nearby post office lot, not the defendants’ truck. One of those witnesses even claimed he recognized the shooter as a sibling of one of his classmates. The reports also showed that unknown people in a different car had shot at the victim's brother just days before the crime, and that someone had threatened the victim himself the day before the murder. There was no known connection between any of those threats and the defendants. 

Ohio Innocence Project director Mark Godsey had this to say in the press release: “We’re excited about today’s event, but even more excited for our clients. They have been fighting to prove their innocence for nearly 20 years. They had tried for exoneration twice before, and had come close in the past. OIP has worked on the case since 2006, and are happy to be with them as they finally taste their long-sought freedom.” 

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