Keith Carnes, convicted for murder of Larry White, ordered to be released within 30 days pending a potential retrial
By KMBC News Staff
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KANSAS CITY, Missouri (KMBC) — Keith Carnes has been ordered to be released within 30 days by the Missouri Supreme Court pending a potential retrial.
The Kansas City man who says he was wrongly convicted appears to be getting the second chance at freedom he has been seeking.
Keith Carnes has been for the murder of Larry White since 2003.
“The Court concludes the petitioner, Keith Carnes, has met the burden of proof necessary to establish his “gateway cause and prejudice’ claim that the state failed to disclose material evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963 ). Mr. Carnes, therefore, is entitled to habeas corpus relief,” The Missouri Supreme Court said in its ruling Tuesday.
Miracle of Innocence has been fighting for the release of Carnes.
“We are hopeful for Keith’s immediate release, and we stand ready to celebrate with him and help him adjust to life outside the prison walls,” said Laura Guy, Executive Director of Miracle of Innocence. “Our co-founders, Darryl Burton and Lamonte McIntyre, are exonerees themselves and they know what exonerees face when they come home. They are prepared to walk through that transition with Keith.”
“This stuff is big. That man deserves his life back and he finally gets to have his life back so I’m excited about that,” said Lamonte McIntyre, co-founder of the Miracle of Innocence.
McIntyre said Carnes is the first person Miracle of Innocence is freeing. McIntyre co-founded the nonprofit after he was exonerated for a double murder he didn’t commit.
“I can’t wait to see him. See the smile on his face. I know how excited he must feel in this moment so I’m just hoping to see him soon, you know?” McIntyre said.
In a recently released report, a judge found that Carnes’ constitutional rights were violated at trial. That finding could ultimately be what sets Carnes free.
In a ruling released Tuesday, the Missouri Supreme Court says that Carnes had met the burden of proof for his release. The justices agreed with Carnes’s legal argument that state prosecutors had failed to disclose material evidence in the case.
“That’s a fancy way of saying ‘We messed up and this is how we’re trying to fix it, rectify the situation,'” McIntyre said.
Supposed witnesses have also given statements giving Carnes an alibi at the time of the shooting.
Mcintrye said 30 days is too long, and that adjusting to regular life will be a hard transition for Carnes.
“For 20 years the world went on without him. So, the way we think about things, the way we process information, the way we deal with technology, the way we deal with outside life, he hasn’t had an opportunity to deal with life in that way,” McIntyre said.
The Missouri Attorney General Eric Schmitt’s office has been defending the state in the post-conviction hearings and appeals.
“We’ll be filing a motion for immediate release even if he does get a new trial,” said Chris Iliff, of the Miracle of Innocence said in January.
The Jackson County Prosecutor’s Office issued a brief statement acknowledging the ruling.
“We are actively reviewing now, and we await any other information the Missouri Supreme Court sends to us.” The prosecutor’s office said.
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