KANSAS CITY, Mo. — A Missouri judge tasked to review evidence in the 2003 murder case against Keith Carnes released a report Tuesday that could lead to Carnes' eventual freedom.
Judge William Hickle wrote a 111-page report to the Missouri Supreme Court. The report was narrowly focused on the factual findings of the case.
READ THE FILING: Part 1; Part 2; Part 3; Part 4
Chris Iliff with the non profit Miracle of Innocence is representing Carnes.
“The bottom line is that the judge concluded that all of the witnesses that Keith Carnes’ attorneys called were credible and they stated without any hesitation that they were wrong when they identified him as the killer,” Iliff said. “This is a huge step towards gaining freedom for him."
He explained to the KSHB 41 I-Team what Judge Hickle, the special master appointed in the case, found.
Iliff said the judge also pointed out that the prosecution and the defense did not receive a report from a confidential informant.
“This was potentially important, exculpatory evidence that could’ve been turned over to the defense weeks before the trial, and the failure to turn it over is a violation of constitutional rights of the defendant therefore he’s entitled to a new trial,” Iliff said.
Carnes has been serving life in prison without parole for the 2003 murder of Larry White. White was found in the parking lot of what was then a fish town fast food restaurant.
Carnes has insisted he did not do it.
Carnes has been serving time at South Central Correctional Center in Licking, Missouri, about 250 miles from Kansas City.
Miracle of Innocence has been fighting for the release of Carnes. They’ve claimed there’s no physical evidence connecting him to the shooting.
Others have also given statements saying it couldn’t have been Carnes because they were with him at the time of the shooting at an apartment complex down the street.
Missouri Attorney General Eric Schmitt’s office has been defending the state in the post-conviction hearings and appeals.
The break in the case came in late 2020 when the Missouri Supreme Court appointed a special master to review the claims of innocence by Carnes.
Iliff said the judges in the state's highest court will now have to adopt the findings and then make a ruling of law based upon the findings of facts.
Following that review, Iliff said the court could dismiss Carnes’ charges outright or it could call for a new trial for Carnes.
If the court overturns the conviction, Carnes could be released within 24 hours.
“We’re on the lookout and ready for it because we want to meet him when he comes out,” Iliff said.
If a new trial is granted, it would come back to Jackson County. The prosecutor would have 30 days to decide to pursue the case.
A spokesman for the Jackson County Prosecutor's Office issued a statement on Tuesday:
The Keith Carnes case has been handled by the Attorney General’s Office. Therefore, we have no information at this time and have not received a copy of this report. Of course, our office will closely evaluate what occurred during the hearing with the AG and we will closely review the findings issued by a Special Master. As with all cases, we will make a decision based on the evidence in the case.
