A Harrisburg, Pennsylvania trial court has granted the application of the Dauphin County District Attorney’s office to withdraw all charges against Samuel Randolph, IV, completing his exoneration of a double murder that sent him to Pennsylvania’s death row in 2003.
On April 6, 2022, two days after the SCOTUS had declined to review the county prosecutors’ appeal of a federal court ruling granting Randolph a new trial, DA Fran Chardo filed a motion to enter an order of nolle prosequii terminating the prosecution of Mr. Randolph. Chardo refused to concede Randolph’s innocence, saying that “retrial is not in the public interest at this time” because “[t]he police affiant and the police detective who handled the evidence collection in this case have both died” and “[o]ther witnesses have become unavailable for other reasons.”
i Nolle prosequi, is legal Latin meaning "to be unwilling to pursue". It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
Samuel Randolph. Handwritten ALS. Commercial #10 (4.125” x 9.5”) envelope. Pmk: August 15, 2006. Postmarked 2 days before his scheduled execution date. SEALED. Content unknown. Pristine.
Article #1
A federal district court overturned Randolph’s conviction on May 27, 2020, holding that the trial court had violated his Sixth Amendment right to be represented by counsel of choice by preventing counsel retained by Randolph’s family from entering his appearance in the case and forcing him to go to trial with an unprepared court-appointed lawyer with whom he had an “absolute[,] complete breakdown of communication.” A unanimous panel of the U.S. Court of Appeals for the Third Circuit affirmed that ruling on July 20, 2021. On April 4, 2022, the SCOTUS denied the prosecutors’ petition for review and, two days later, on April 6, 2022, the Dauphin County DA filed an application to discontinue the prosecution.
In 2021, while the Dauphin County prosecutors’ request for review by the SCOTUS was pending, Chardo offered Randolph an “Alford” plea in which he could continue to maintain his innocence but admit that prosecutors had sufficient evidence to convict. Under the deal, Randolph would be released for time served but his convictions would remain on his record.
“I didn’t do this. Innocent people don’t plead guilty — as bad as I want to go home,” Randolph told Penn Live. Randolph, the news outlet reported, “was worried that with two murder counts against him, he wouldn’t be able to get a good job, buy a house or any number of other things that people with felony convictions are often blocked from doing.”
“That would bother me,” Randolph said.
Randolph becomes the 187th person to be exonerated from a wrongful conviction and death sentence in the United States since 1973. He is the eleventh Pennsylvania death-row exoneree. Five of those exonerations have taken place since 2019. All five have involved both official misconduct and perjury or false accusation. Four of the five have also involved inadequate legal representation at trial.i
Article #2
Dauphin County authorities ordered the release of a Harrisburg man who spent more than 20 years incarcerated for a double homicide conviction, after the Dauphin County district attorney withdrew the charges against him.
Samuel Randolph was convicted and originally sentenced to death in a 2003 trial for the killings of Thomas Easter and Anthony Burton at Todd and Pat’s Bar on Sept. 19, 2001.
Randolph originally fled the state but was arrested in Virginia months later, according to Chardo. He was extradited back to Pennsylvania on Nov. 30, 2001 and had been incarcerated ever since.
Last year, the Court of Appeals for the 3rd Circuit affirmed a 2020 decision by U.S. Middle District Judge Christopher C. Conner, who overturned Randolph’s conviction and ordered a new trial, saying he was denied his constitutional right to the lawyer of his choice.
On Wednesday, Dauphin County District Attorney Fran Chardo filed paperwork to dismiss the case but emphasized this is not an exoneration of Randolph. Randolph’s sister Sherie Randolph confirmed Thursday he was released, but prison records still listed him as in custody.
In his court filing, Chardo wrote that it has been nearly 20 years and 4 months since Randolph was imprisoned and that multiple people who testified would not be able to be witnesses again if he did take the case back to trial.
Chardo pointed out that the detective that originally filed the charges and the detective in charge of evidence collection have both died. An eyewitness who previously identified Randolph has said he will refuse to testify.
The victims’ families were consulted, Chardo wrote in the filing. He also asserted that he has a firm belief Randolph is responsible for the killings.
Now 50, Randolph spoke with Penn Live last week about his treatment in prison, his innocence, and the measures he has taken to protest his incarceration.
Randolph said last year Chardo offered him an “Alford” plea, which would have allowed him to maintain his stance that he was innocent while subjecting him to all the consequences of a guilty plea.
“I didn’t do this. Innocent people don’t plead guilty — as bad as I want to go home,” he said. He was worried that with two murder counts against him, he wouldn’t be able to get a good job, buy a house or any number of other things that people with felony convictions are often blocked from doing.” That would bother me.”
Investigators said the killings ended a feud that involved several drive-by shootings at the time.
The problem was, Randolph’s attorney requested a short delay at the start of his trial in the form of a three-hour pause before jury selection. The request was denied by the presiding judge.
Judge L. Felipe Restrepo agreed with Judge Conner that denying the delay resulted in Randolph being represented by a court-appointed attorney, with whom he had conflicts.
Restrepo said the continuance would not have been unfair to the prosecution or permitted Randolph to unreasonably “hamper and delay” the state’s efforts to administer justice.
He also found that the Pa. Supreme Court’s decision rejecting Randolph’s claim that his right to counsel was violated was “unreasonable.”
Chardo said in the end the appellate court’s decision did not stem from any issues with the evidence in the case.
Although this decision was made last summer, Randolph was only moved to Dauphin County Prison in March pending a new trial.
He said he was going to fight the charges and that as a Christian he held strongly onto his faith.” I do see God is going to provide a way,” Randolph said. “I don’t know how or when.”
Another key part of Judge Conner’s 2020 decision was overturning the death sentence.
Randolph said he was being tortured while on death row but always believed he would be freed.
“They had me on death’s doorstep a couple of times,” Randolph said. Randolph has maintained prison guards slammed him to the ground nearly a decade ago, damaging his spine and leaving him paralyzed in the lower half of his body. Chardo said authorities believe Randolph is faking his injuries.
Randolph was on a hunger strike at Dauphin County Prison because if he had any bowel movements, he said wouldn’t be able to move back and forth to the toilet.
Once freed, Randolph wants to reconnect with his family and his children who grew up while he was in prison.
“I just want to get out and put this all behind me,” Randolph said.
He also hopes that he can get the medical care that will allow him to walk again.
Randolph said he believes that Chardo knows he is innocent. “If he knew I actually did this, there’s no way [he’d offer a plea deal],” Randolph said.
Chardo was clear in the court filing: there is no statute of limitations on a first-degree murder charge, and the commonwealth reserves the right to refile charges in the future.
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i Samuel Randolph Exonerated from Pennsylvania Death Row as Prosecutors Withdraw Charges at Retrial (2023). Available at: https://deathpenaltyinfo.org/news/samuel-randolph-exonerated-from-pennsylvania-death-row-as-prosecutors-withdraw-charges-at-retrial (Accessed: 7 April 2023).