Kevin Baker

I.The conviction

Charge

Murder, Conspiracy, Illegal Use of a Weapon

Year convicted

1996

Sentence

60 years to life

Time served

Nearly 25 years (arrested February 15, 1995 — released February 11, 2020)

What contributed to the conviction

The case rested on a single eyewitness, Denise Rand, who was under the influence of crack cocaine at the time of the shooting and gave inconsistent testimony at trial about what she saw and who she was with. Baker's alibi witness, his girlfriend Michelle Redden, was never called to testify — his trial lawyer said he doubted her "general demeanor" would read as truthful — and she died of cancer years before a court ever heard her account. A 2008 polygraph examiner for the Public Defender's Office found Baker had a "high degree of confidence" he was telling the truth when he denied any knowledge of the crime.

II.Exoneration

Year exonerated

2020

What led to exoneration

Starting in 2011, the Last Resort Exoneration Project at Seton Hall Law School re-investigated the case, eventually obtaining a 911 call recording that multiple witnesses identified as co-defendant Sean Washington's voice reporting the bodies — evidence never turned over to the defense at trial. Forensic pathologist Dr. Michael Baden and firearms expert Lucien Haag testified that bullet trajectories, ricochet "bow effect" scoring, and soil mineralization on the recovered bullets showed victim Margaret Wilson had been shot while lying on the ground — directly contradicting eyewitness Denise Rand's trial testimony that she saw the victims shot while standing and running. On December 26, 2019, the Appellate Division of the New Jersey Superior Court unanimously vacated both convictions, finding the new evidence "powerfully undermines" Rand's account. The Camden County Prosecutor's Office declined to retry the case, and a judge dismissed all charges on February 11, 2020. Baker later settled a state compensation claim for $1.25 million.

III.Evidence of innocence

1. 1. An alibi corroborated by his girlfriend

   Baker testified he was with his girlfriend, Michelle Redden, at her mother's home in Roosevelt Manor until about 2 a.m., then at her apartment across town for the rest of the night. Redden had told police and Baker's own trial lawyer the same account before she died of cancer years before a court could hear her testimony.

2. 2. He refused a plea deal rather than falsely implicate his co-defendant

   Baker testified that prosecutors offered him a deal — plead guilty and testify against Washington in exchange for an eight-year sentence. He rejected it, saying he did not know anything about the shootings. He instead served roughly 25 years maintaining his innocence.

3. 3. A 2008 polygraph examination supported his account

   Vinson Montgomery, a polygraph examiner for the Public Defender's Office, testified he gave Baker a polygraph examination in 2008 and had a "high degree of confidence" Baker was telling the truth when he denied any knowledge of the crime.

IV.Newly discovered evidence

1. 1. Forensic reconstruction contradicted the eyewitness

   In 2013, prosecutors turned over discovery that included a 911 call for the first time, later identified as co-defendant Sean Washington's voice. Forensic pathologist Dr. Michael Baden and firearms expert Lucien Haag later testified that bullet trajectories and "bow effect" ricochet scoring on the recovered bullets showed victim Margaret Wilson was shot while lying on the ground — directly contradicting eyewitness Denise Rand's account that she saw the victims shot while standing and fleeing.

2. 2. Statements undermining the eyewitness's credibility

   Two acquaintances of Denise Rand, both since deceased, gave statements that shortly after the 1996 trial, Rand told them she had not actually been present at or witnessed the murders.

V.Due-process violations

1. 1. Alibi witness never called at trial

   Baker's trial defense attorney, Frederick Gumminger, did not call Michelle Redden as an alibi witness, later testifying he doubted her "general demeanor" would read as truthful to a jury — despite recently discovered news footage that corroborated Redden's account of watching televised coverage of the murders with Baker.

2. 2. Undocumented interrogation and photo identification

   Police interrogated witnesses Denise Rand and Tyrone Moore separately after an informant's tip, and the photo display procedure that led to Rand naming Baker and Washington was never documented.

VI.Unreliable evidence

1. 1. Sole eyewitness was impaired and inconsistent

   The prosecution's own opening called it a "one-witness case." Denise Rand admitted she had smoked crack cocaine roughly two hours before the shooting and typically smoked every two to three hours. Her trial testimony repeatedly changed on cross-examination, including who she was with, where they were standing, and which defendant she said shot which victim — she needed her own prior police statement read back to her to attribute the shootings at all.

2. 2. An unreliable polygraph used against a rival account

   Rand's cousin, Tyrone Moore, initially told police he and Rand were blocks away when they heard the shots — an account matching other witnesses. An uncredentialed polygraph examiner then issued a report concluding Moore was lying, which was used to discount his contradicting account. Rand herself was never given a polygraph.

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