Two men were released Wednesday after their convictions were overturned in a 2009 double murder whose investigation was overseen by a discredited white detective from Kansas City, Kansas.
Dominique Moore, 40, said he was “grateful and blessed” after his release from a state prison in El Dorado. And cheers from a crowd of family members greeted Cedric Warren, 34, as he left the county jail where he was convicted nearly 15 years ago in the drug house shooting that killed Charles Ford and Larry Ledoux.
The men’s life sentences had not carried with them the possibility of parole for 25 years.
Warren did not speak to the media, but family members expressed relief and joy, CBS affiliate KCTV reported.
“I really want to cry, but I can’t. That’s how overwhelmed I am,” Warren’s father, Cedric Toney, said after a vehicle carrying his son drove out of the jail. Warren himself was too overwhelmed to speak to a crowd of reporters awaiting his release.
Toney alleged misconduct from Roger Golubski, who died last week in an apparent suicide just before the start of his criminal trial on charges that he sexually assaulted black women.
Bob Hoffman via AP
But that had nothing to do with Wyandotte County Judge Aaron Roberts’ decision to overturn Warren’s convictions on Monday and Moore’s on Wednesday. Roberts found that prosecutors failed to turn over information about a key witness’ serious mental health issues. The witness had schizophrenia and gave a varying account of what happened, the defense wrote in the court filings.
Not aired in court was Toney’s claim that before Golubski oversaw the investigation that led to his son’s arrest, the former detective stalked Toney’s daughter and his son’s mother. He said he suspected his son’s first stop would be their graves; both died while he was in prison.
The misconduct allegation is similar to that in the case of Lamonte McIntyre, who spent 23 years behind bars for a double murder before being released. McIntyre’s mother has said Golubski pressured her for sexual favors.
Wyandotte County District Attorney Mark Dupree could have retried Warren and Moore, but announced Wednesday he would not, paving the way for their release.
He said Golubski’s involvement had nothing to do with the decision and that it was not an exemption. Instead, he said a new trial would not be “just or fair” because his predecessors, who withheld key evidence, had done something wrong.
Since taking office in 2017, Dupree said his office has expanded fairness training and is close to digitizing thousands of old cases. That’s an important step in a $1.7 million effort to uncover possible wrongdoing in the cases involving Golubski and others.
“It’s not about getting a conviction. It’s about getting a just outcome and doing what’s right,” Dupree said.
Brittany Robinson, Warren’s cousin, said the family always had hope and believed he was innocent.
“On his mother’s deathbed she said, ‘Don’t stop fighting until my baby comes home,’” Robinson said, calling Golubski corrupt. She added: “I feel sorry for all the families who fell victim to him. Hopefully they get their day to celebrate like us.”
Warren can now celebrate the holidays with his family, KCTV reported.
“We have family here, we’re here to support, we’re going to celebrate. I’m trying to keep my emotions in check, but I’m very happy right now,” Robinson said. “Even if I don’t get any gifts, this is the greatest gift I could have gotten, so I’m happy to see my cousin. I can’t wait to hug him and shower him with love.”
Moore also said he was innocent as he drove home from prison with his lawyers, eagerly awaiting the barbecue after 15 years of prison food.
“I’m just grateful that the court saw the injustice that happened in my case,” he said.
Prosecutors say Golubski preyed on female residents in poor neighborhoods for years, demanding sexual favors and sometimes threatening to hurt or jail their family members if they refused.
In addition to two federal charges, one lawsuit involving McIntyre and his mother has been settled and two other lawsuits are pending.
One of Warren’s attorneys, Cheryl Pilate, said she and other attorneys continue to investigate cases Golubski worked on.
“It’s definitely not the last,” she said of Warren and Moore’s case. “Roger Golubski was a very powerful figure who was involved in more cases than I can even bring to justice.”
The Midwest Innocence Project launched GoFundMe pages to support both men.
“Their convictions were overturned due to prosecutorial misconduct, but their path to justice has come at a high cost,” the group said in a Facebook post on Wednesday.
