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Convicted killer executed, but was he guilty?


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Fitzgerald also testified in the 1993 hearing that after seeing Griffin in court, he was no longer sure he was the man in the car. Meanwhile, Fitzgerald's long history of fraud convictions and other run-ins with the law raised concerns about his trustworthiness.

Fitzgerald's story was given credence at Griffin's trial by Michael Ruggeri, the first police officer to arrive on the scene. Though Ruggeri's initial report made no mention of Fitzgerald, he testified that he arrived to find Fitzgerald tending to the gravely wounded Moss.

In comments to Gross and to reporters in recent years, Ruggeri said his testimony was incorrect, and that he did not see Fitzgerald at the crime scene. Others who were nearby — including Moss' sister — told Gross they also didn't see Fitzgerald, who would have stood out as a white man in a mostly black area.

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Ruggeri did not have a listed phone number and efforts to reach him through attorneys were unsuccessful.

Wounded man never testified
The Gross report also raised the question of why Wallace Conners was never called to testify by either the prosecution or the defense. Conners was near Moss at the time of the killing and was shot in the buttocks. He said he got a good look at the killer. Conners had known Griffin for years and told Gross he was certain Griffin was not the shooter.

Rachel Smith, a city prosecutor, has led a team of three attorneys and two homicide detectives who interviewed 80 people, including police officers, drug dealers and prostitutes.

Smith said she will turn in the report to St. Louis' chief prosecutor, Jennifer Joyce, by the end of the week. They said the report would be released to the public soon afterward.

Smith said reopening the investigation of a crime that occurred a quarter of a century ago was difficult, but added: "There's a degree in which you can be very comfortable with your results."

Missouri law provides for compensation for men and women who spend time in prison for wrongful convictions. But Corrections Department spokesman Brian Hauswirth said he is unaware of any provision for compensating families of those wrongfully put to death.

© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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