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Wrongly Convicted Database Record
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Charge: |
First Degree Murder |
Sentence: |
Life Imprisonment without possibility of parole |
Years Imprisoned: |
3.67 |
Year Crime: |
2006 |
Year Convicted: |
2008 |
Year Cleared: |
2010 |
U.S. State or Country of Crime: |
Missouri |
County or Region of Crime: |
Greene |
City of Crime: |
Hurley |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Zackary Lee Stewart was wrongly convicted in 2008 of first-degree murder in the death of David Dulin in Hurley, Missouri in 2006. The prosecution alleged that Stewart, who was an 18-year-old high school senior in Hurley at the time of Dulin's murder. shot him during a burglary. The prosecution relied on the testimony of two jailhouse informants that he confessed to the crime. Zackary Stewart was sentenced to life in prison without the possibility of parole. In May 2010 the Missouri Supreme Court unanimously overturned Stewart's conviction based on the new evidence of post-trial confirmation of preliminary DNA testing of a hat found at the crime scene that the jury heard had the DNA of a suspect, and the new evidence that the same suspect confessed the murder to his brother. State v. Stewart, 313 S.W.3d 661 (Mo. 05-25-2010) On December 3, 2010, Stone County District Attorney Matt Selby announced that he was dismissing the first-degree murder charges against Stewart based on "more information" about Dulin's death. Stewart was released later that night after 3 years and 8 months of wrongful incarceration. Although Dacvid Dulin was killed in Greene County, Stewart was prosecuted in Stone County on a change of venue. The two men who actually committed the crime were Timothy Seaman and John C. Mills. Mills was given immunity for the murder for his testimony against Seaman. On May 11, 2012 Seaman was sentenced to 21 years in prison for the murder. Mills was sentenced on May 2, 2012 to 10 years in prison for a stand-off in which shots were fired when he was arrested for the murder." |
Conviction Caused By: |
Perjurious or false testimony by two jailhouse informants that Stewart confessed to the crime. |
Innocence Proved By: |
"Greene County DA Matt Selby announced that he was dismissing the first-degree murder charges against Stewart based on "more information" about Dulin's death. Stewart was released later that night after more than 4 years of wrongful incarceration." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
Yes |
Age When Imprisoned: |
18 |
Age When Released: |
22 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"A free man - accused murderer released after charges dropped, KY3-TV (Springfield, MO), December 3, 2010" |
Information Location 1: |
http://articles.ky3.com/2010-12-03/murder-charges_25006962 |
Information Source 2: |
"State v. Stewart, 313 S.W.3d 661 (Mo. 05-25-2010)" |
Information Location 2: |
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Information Source 3: |
"Timothy Seaman Sentenced To 21 Years Behind Bars, KTTS-FM (Springfield, MO), May 11, 2012" |
Information Location 3: |
http://www.ktts.com/news/151176765.html |
Information Source 4: |
"Father of wrongly convicted man disgusted by plea agreement and immunity offered to two men, KSPR-ABC TV (Springfield, MO), May 2, 2012" |
Information Location 4: |
"http://www.kspr.com/news/kspr-father-of-wrongly-convicted-man-disgusted-by-plea-agreement-and-immunity-offered-to-two-men-20120502,0,6213865.story" |
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Information Location 5: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org