Missouri court sides with Sandra Hemme, whose conviction was overturned, over AG’s office
A Missouri appellate court has upheld an innocence case brought by a woman who spent 43 years in prison.
Sandra “Sandy” Hemme was released in July from Chillicothe Correctional Center after a legal battle with the Missouri Attorney General’s Office, which fought her innocence case and her release from prison.
In June, Livingston County Circuit Judge Ryan Horsman overturned Hemme’s conviction in a November 1980 murder in St. Joseph. The attorney general’s office appealed, and oral arguments were presented earlier this month before the Missouri Court of Appeals, Western District, in Kansas City.
The court on Tuesday handed down a 71-page ruling siding with Hemme.
Sean O’Brien, an attorney for Hemme, said the legal team was thrilled and that Hemme was “very happy. She’s very relieved by this.”
The Missouri Attorney General’s Office did not immediately respond to a request for comment.
The Court of Appeals focused on arguments the attorney general’s office brought regarding eight Brady violations, which occur when exculpatory information is not disclosed to defendants. The attorney general’s office argued that some of the information was not subject to disclosure or material to the case.
Hemme’s attorneys had previously alleged that evidence, including FBI reports and evidence that points to a now-deceased police officer as the killer, had not been handed over to Hemme’s trial attorneys. That evidence was discovered in later legal proceedings challenging Hemme’s conviction.
“The Attorney General’s assertion that the state was ambushed by exculpatory evidence Hemme did not know about until discovery was conducted after her habeas petition was filed borders on the absurd,” the Court of Appeals wrote.
The court concluded that Horsman had not exceeded his authority when he vacated Hemme’s conviction in June.
The Buchanan County Prosecutor’s Office could still retry the case, but must file its intention to do so in writing within 10 days, the Court of Appeals said.
Buchanan County Prosecutor Michelle Davidson did not immediately respond to a voicemail.
O’Brien said Hemme’s “nightmare is almost over.”
Evidence points to officer
Hemme’s legal team presented her case during an evidentiary hearing in January.
Horsman concluded “evidence directly” ties Holman to the death of Patricia Jeschke, who was found dead in her St. Joseph apartment.
Horsman noted that no forensic evidence connected Hemme to the murder. She did not have a motive and there were no witnesses tying her to the crime.
“The only evidence linking Ms. Hemme to the crime was that of her own inconsistent, disproven statements, statements that were taken while she was in psychiatric crisis and physical pain,” Horsman wrote.
During oral arguments earlier this month, O’Brien said strong evidence implicates Michael Holman, a St. Joseph officer, who had been considered a suspect. That included earrings reportedly identified by Jeschke’s father that were found in Holman’s possession.
His vehicle was also seen near the crime scene and he had used Jeschke’s credit card.
