Jessie has been in prison since April 1997 for a murder that never happened. Attorney Jennifer Bukowsky received a letter from Jessie McKim and was so shocked by this obvious injustice that she has been fighting to correct it – pro bono – ever since.
Experts on both sides agree the victim wasn’t suffocated, she overdosed on meth.
Jessie’s case was heard before the Missouri Court of Appeals- Western District. WD77803. Unfortunately, while the Court of Appeals ultimately agreed with Jessie’s attorney on two important legal issues (which can be used to assist other innocent inmates in bringing petitions for a writ of habeas corpus), the Court unfortunately denied Jessie’s petition.
Their grounds for denial were completely different from the Cole County Circuit Court’s grounds for denial because the Cole County Circuit Court found that the victim overdosed on meth but denied Jessie’s release on the theory that perhaps Jessie caused the overdose.
The Western District Court of Appeals found that would be an improper ground to deny the petition as that issue was never before the jury.
Instead, the Western District Court of Appeals found that despite the uncontroverted medical opinions from six pathologists (including one hired by the Attorney General) that unequivocally agree that Dr. Dix’s opinion was incorrect and inconsistent with the practice of forensic pathology, the Court found that because Dr. Dix did not recant his testimony, there was enough evidence to support a conviction. Unfortunately Dr. Dix is deceased so it is impossible to seek a recantation from him.