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Three courts uphold wrongful conviction of woman, yet she remains incarcerated.

A woman named Sandra Hemme, whose murder conviction was overturned after spending 43 years in prison, is still not released despite the agreement of a circuit judge, an appellate court, and the Missouri Supreme Court. Legal experts and Hemme’s lawyers are puzzled by her continued incarceration even after multiple court rulings in her favor. The only obstacle to her freedom is the opposition from Missouri Attorney General Andrew Bailey, who is pushing for her to serve additional time for past prison assault cases.

On June 14, Circuit Judge Ryan Horsman declared that the evidence strongly supports a finding of actual innocence for Hemme. This decision was upheld by a state appeals court on July 8 and was not undone by the Missouri Supreme Court, allowing Hemme to be released on her own recognizance and placed with her family. However, Bailey filed another appeal seeking reconsideration, delaying her release. Despite the court rulings in her favor, the warden at the Chillicothe Correctional Center has not released Hemme based on Bailey’s actions.

Hemme, now 64 years old, has been serving a life sentence for the 1980 stabbing death of a library worker in St. Joseph, Missouri. The Innocence Project, representing her, states that Hemme is the longest-held wrongly incarcerated woman in the U.S. Her family is eager for her release, and her legal team urges the Department of Corrections to promptly set her free.

Complicating her immediate release are sentences she received for committing crimes while in prison, including assault on a prison worker and offering to commit violence. Bailey argues that Hemme poses a safety risk and should serve the additional sentences, but her attorneys argue that keeping her in prison further would be excessive. Legal experts, such as law professor Peter Joy, find the effort to keep Hemme incarcerated as inhumane, especially considering the evidence suggesting her innocence.

Bailey, known for opposing overturning convictions, has a history of challenging efforts to free wrongfully convicted individuals. The case of Hemme parallels similar instances where Bailey opposed overturning convictions, further complicating her situation. A judge in Chillicothe has scheduled a hearing in Hemme’s case as the legal battle continues.

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