Saturday, May 10, 2014

Convicted Robber Free 13 Years After Conviction


CHARLESTON, Mo. (AP) — Cornealious "Mike" Anderson spent 13 years free from prison due to a clerical error, then nearly a year behind bars when the mistake was caught. On Monday, he walked out of a southeast Missouri courtroom a free man again — this time with no need to look over his shoulder.


Mississippi County Associate Circuit Judge Terry Lynn Brown needed just a 10-minute hearing before ruling that he was giving Anderson credit for time served for all 4,794 days between his conviction and when he was arrested last year. The judge granted Anderson his immediate freedom.
Anderson, 37, left the courthouse with his wife and 3-year-old daughter on one arm, his mother on the other, tears in all of their eyes.


"Very happy," Anderson said as he climbed into a sport utility vehicle for the ride home to suburban St. Louis and a planned family celebration. "My faith has always been in God. I'm just so thankful. That God for everybody."


Anderson was 23 when he was sentenced to 13 years in prison for his role in the robbery of a fast-food restaurant's assistant manager. He told The Associated Press last month that he waited, and even asked about going to prison, but the order never came.


In the years since his conviction, Anderson started his own construction-related businesses, married and had children. He also coached youth football and volunteered at his church in Webster Groves, Missouri.


At the hearing Monday, Anderson's attorney, Patrick Megaro, said Anderson remained out of prison through no fault of his own, and in the intervening years, turned his life around.


"He has been able to accomplish for himself what the criminal justice system does not accomplish in many situations," Megaro told the judge.


Brown agreed. He pointed out that Anderson's crime was serious, but acknowledged that he's a far different man now than he was then.


"You've been a good father," Brown said. "You've been a good husband. You've been a good taxpaying citizen of the state of Missouri.
"That leads me to believe that you are a good man and a changed man."
As the judge announced his decision, about 10 of Anderson's relatives broke out in sobs and cried. Some hugged and thanked God.


Anderson's plight drew international headlines last month. An online petition on change.org includes more than 35,000 signatures urging the state to set him free.


The release was met with virtually no resistance from the Missouri Attorney General's Office. Assistant Attorney General Michael Spillane told Brown the court should consider the seriousness of Anderson's crime, but also Anderson's behavior over the 13 years of his freedom and the impact that imprisonment would have on his family.


Attorney General Chris Koster said in a statement, "From the outset, I have proposed a solution that balances the seriousness of Mr. Anderson's crime with the mistake made by the criminal justice system and Mr. Anderson's lack of a criminal record over the past 13 years. Today's outcome appears to appropriately balance the facts as we understand them."


The judge said that rather than grant parole, Anderson would get credit for the entirety of the time he should have been in prison. The distinction is important because it means Anderson doesn't have to report to a parole agent.


Megaro lauded the state's understanding of an occurrence that is exceedingly rare.
"This was not an easy case," Megaro said. "I believe it teaches us that justice can be swift, justice can be harsh, but justice also can be merciful."


Anderson had never been convicted of a serious crime before the robbery. He was sentenced to 13 years in prison for the holdup, then told to wait for orders that would specify when and where he was to report to prison. But the orders never came. Anderson suspected that his case had been overlooked and asked his former attorney what to do.


"Day by day, month by month, year by year, time passed, and they never picked me up," he said in an interview last month with The Associated Press.


A court filing by the attorney general's office said the mistake happened when a trial court clerk failed to inform the Missouri Supreme Court that Anderson was free on bond after his initial conviction.


So Anderson went about his life, never trying to conceal his whereabouts or identity. He married, divorced, married again. He raised three children of his own and a stepchild, owned and operated three construction businesses. He coached his son's youth football team in Webster Groves, and he ran the video operation at his church.


In July, Anderson's sentence was supposed to end. It was then that someone at the Missouri Department of Corrections realized he had never been put behind bars. Eight U.S. marshals arrived one morning at his home in a middle-class neighborhood and took him away. He was in prison by noon that day, and had remained behind bars until Monday.


The hearing was in Charleston, Mo., because that's where Anderson had been imprisoned.
"Go home to your family, Mr. Anderson," Brown said after his ruling.

One Still Missing in Virginia Hot Air Balloon Fire


DOSWELL, Va. (AP) — A second body was recovered Saturday from the crash of a hot air balloon carrying three people that drifted into a power line and burst into flames in front of horrified spectators. The bodies were discovered just under a mile apart.


More than 100 searchers were called in to scour the woods and fields of the central Virginia site of the crash for the third victim and any remnants of the balloon or its basket, state police said.
None of the victims has been identified by authorities.

Witnesses said they heard the anguished pleas of the passengers Friday night as the balloon touched the power line and erupted into flames.

On the ground, "It was complete silence," eyewitness Nancy Johnson said. "There were people praying. It was horrible."


The balloon crashed Friday night ahead of a balloon festival. It was among 13 balloons that took off from Meadow Event Park, home to the State Fair of Virginia, and was approaching a landing site nearby. Two of the balloons landed safely before the third hit the live power line.


The pilot attempted to retain control of the balloon and snuff the fire and two passengers either jumped or fell from the gondola, state police spokeswoman Corinne Geller said.


"Then witnesses recall hearing an explosion and the fire continued to spread," Geller said. The gondola and the balloon then separated.
Geller said the two bodies were found about 1,500 yards apart.
An air safety investigator with the National Transportation Safety Board said a preliminary report would be released on the crash in 10 days. Heidi Moats said investigators were seeking records on the balloon and the pilot.
Troy Bradley, past president of the Balloon Federation of America, said most serious accidents on balloons — including fires, electrocution or baskets becoming severed — happen after hitting power lines. Most of the time it's due to pilot error, he said.
Fatal accidents happen less often than with other types of aircraft, Bradley said.
"Hundreds of thousands of flights will go without any notice. That one that hits the news gets all the attention, but ballooning is a very, very safe form of aviation."
The crash occurred on the eve of the official start of the Mid-Atlantic Balloon Festival, which was canceled followed the crash. The area is about 25 miles north of Richmond.
Johnson said the crash occurred in an instant.
"One minute the balloons were hovering in a field behind Event Park, the next everyone is pointing at sky," she said.
Carrie Hager-Bradley said she saw the balloon in flames on her way home from the grocery and heard people yelling.
"They were just screaming for anybody to help them," she told WWBT TV. One person screamed, "Help me, help me, sweet Jesus, help. I'm going to die. Oh my God, I'm going to die."
Donnell Ferguson said he was cutting grass when he saw a couple balloons passing by. One was low, barely at tree-top level.
"At first I saw a cloud of black smoke and then I noticed the basket on fire," he said. "Then it just took off real fast and disappeared."
The crash occurred during a special festival kickoff event Friday for about 740 people.
Twenty balloonists from the Mid-Atlantic region were to participate in the weekend festival, said Greg Hicks, a spokesman for the venue.
"It's just a shocking situation for everyone," Hicks said.
Robert Rinck, who was operating a frozen yogurt concession, said he watched the balloons lift off against a beautiful sunset. A few minutes later, someone said a balloon was on fire. He looked up and saw fire coming from the balloon.
"I just didn't know why it was going up and not down," Rinck said.
Johnson, who went to the festival with her husband, photographed the balloon as it rose.
"I turned around and just automatically started taking pictures," she said. "It just kept going up, up, up in the air."
Some hot air balloons landed safely in Debra Ferguson's yard, The Free Lance-Star of Fredericksburg reported. One of the men in the balloons pointed up at another still in the air and said he thought it might be in trouble.
"As soon as we looked up, the thing blew up right there," Ferguson told the newspaper. "All I heard was, 'Oh my God, Oh my God,' and all you saw was the top of the balloon still flying, but all of the basket was gone. All of the flames just disappeared. ... It was like a match — poof — and then it was gone."