Alabama inmate on death row for nearly 30 years to be freed after judge throws out case

MONTGOMERY, Ala. – An Alabama inmate who spent nearly 30 years on death row will go free Friday after prosecutors told a judge there is not enough evidence to link him to the 1985 murders he was convicted of committing.

Judge Laura Petro on Thursday dismissed the case against Anthony Ray Hinton. The district attorney’s office in a Wednesday court filing said that forensic experts couldn’t determine if six crime scene bullets — which were the crux of the evidence against Hinton — came from a gun investigators took from his home.

Hinton, now 58, was convicted of two 1985 murders that occurred during separate robberies of fast-food restaurants. Prosecutors linked Hinton to the killings through a .38-calibre revolver found at his house.

The U.S. Supreme Court last year sent Hinton’s case back for a potential new trial, which prompted a re-examination of the evidence.

“We’ve been hoping for this. We’ve believed that this should have happened,” said Bryan Stevenson, Hinton’s attorney and director of the Alabama-based Equal Justice Initiative. The Jefferson County District attorney’s office could not immediately be reached for comment.

Stevenson has been arguing for 16 years that Hinton was innocent.

Hinton wept Wednesday night after learning the news that he would finally go free, Stevenson said.

Hinton is expected to be released from jail on Friday morning after spending more than half his life in prison.

Six bullets were what prosecutors used in the 1980s to connect Hinton to the slayings. A modern analysis on the bullets is what led prosecutors to drop the case against him.

The Supreme Court last year ruled that Hinton had “constitutionally deficient” representation at his initial trial. Hinton’s defence lawyer wrongly thought he had only $1,000 to hire a ballistics expert to try to rebut the prosecution testimony about the bullets. The lawyer hired the only person willing to take the job at that price, even though he had concerns about the expert’s credentials. At the time, jurors chuckled as the defence expert struggled to answer questions on cross-examination.

John Davidson and Thomas Wayne Vason were killed during robberies at Mrs. Winner’s and Captain D’s restaurants in 1985. Investigators focused on Hinton after a person who was shot, but survived, at a third robbery at a Quincy’s restaurant identified Hinton as the person who shot him. However, Stevenson said Hinton had an alibi showing that he was at work when the Quincy’s robbery was committed.

At his initial trial, state experts testified that the four bullets fired during the slayings, and another two from the Quincy’s robbery, had all been fired from a revolver found at Hinton’s home.

However, in 2015, three different experts from the Alabama Department of Forensic Sciences couldn’t determine if any of those bullets were fired through the revolver taken from Hinton’s home, or even if they had been fired from the same gun.

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