One murder, two convictions and a man’s battle to clear his name. A prosecutor said in court someone else did it. Duke Law’s Innocence Project unearthed new evidence. Can Lamont McKoy convince the Supreme Court he's innocent?
“I’m not trying to be a nuisance,” he wrote in his 1995 letter to a Fayetteville, N.C., officer. “But please help me out of this mess.”
was unreliable and that a detective on his case was later convicted of taking bribes from drug dealers — he cannot clear his name.Standing in McKoy’s way is the Antiterrorism and Effective Death Penalty Act, a 1996 law that imposed steep legal barriers on those seeking to overturn what they believe were wrongful convictions.
While fighting his conviction and meeting repeated rejection, McKoy was released on parole after 27 years in prison. But he is still hobbled by being labeled a convicted murderer and still fighting to prove he is not one. He was last seen at 8:55 p.m. the night before, returning clothes to a store 45 minutes from Fayetteville. Based on tire tracks where the car went off the road, police assumed Hailey was traveling east when he hit a tree and the car tumbled down an embankment.
Before Williams, McKoy had only been named as one of many potential witnesses to Hailey’s killing. McKoy was in the “streets,” he later acknowledged. After his father “I didn’t know nothing about it,” he said in a recorded conversation with his attorney included in the court record. “They said they were gonna keep me down there in jail if I wouldn’t tell them nothing.”
“It just did not ever make sense to me,” Gurnee said. “But I was never able to get anything to back that up.”Two other witnesses said they saw McKoy shooting at a car that night, but their timing did not line up with Williams’s account, and they were not called to testify at trial, according to the court record.
The judge told jurors at McKoy’s trial they could take the statement as “evidence which tends to show that the defendant has admitted the facts relating to the crime charged in this case.” Two cooperating gang members testified they saw Talley shoot at a driver who tried to rob them of drugs in the Grove View Terrace housing complex the night Hailey was killed, and that they saw the crashed car on an embankment the next day.
He learned that another man had been convicted in state court in the killing the prosecutor accused Talley of committing — information useful for his client. He presented that in court, along with testimony from Pearce and records of the testimony from Talley’s trial. First, the volunteers set about proving that the Court Boys could not have described a different killing.
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