How Did A Rare Joint Trial and Unreliable Witness Result in Two False 25-Year Prison Sentences?
Kevin Baker and Sean Washington describe how one witness who admitted smoking crack, and defense attorneys they say did no investigation, led to their convictions for a 1995 New Jersey double murder, and how Sean's own 911 call, found in the prosecutor's files, helped free them after 25 years.
About This Episode
On February 20th, 2020, Kevin Baker and Sean Washington walked out of prison after spending twenty-five years locked up for a double-murder they didn’t commit. The trial that condemned them to a quarter century of incarceration relied on a sole witness who later acknowledged she was under the influence of crack cocaine at the time of the killings.
How did Kevin and Sean prove their innocence? Was justice for the victims ever attained? Tune in to this week’s jarring installment of Open Mike to find out.
Show Notes
- Kevin Baker’s and Sean Washington’s backgrounds and bios.
- Mike Morse: Kevin Baker and Sean Washington, welcome to Open Mike! Let’s start with Kevin. How long were you in prison for a murder you did not commit?
- MM: I know this is a really hard question, but how has this affected your life and the types of things you missed in prison?
- MM: Sean, do you want to answer that question?
- Sean Washington: Being in prison takes a toll on you. We’ve lost multiple family members, didn’t have the opportunity to be fathers to our children, we missed out on a lot. Prison does something psychological to you, too. Men who do time in prison suffer PTSD, just like people who go to war.
- MM: At 23 years old, before getting arrested, what were your plans for the future?
- MM: What was it like growing up in Camden, New Jersey?
- MM: I unfortunately have to bring you back to January 28th, 1995… there’s a double a murder that would change both of your lives forever…
- Sean encountered the bodies of Margaret Wilson and Rodney turner, initially mistaking Rodney’s body for his nephew’s, which made him distraught and compelled him to called 911 anonymously.
- MM: Five days later, an informant said her cousins were in the area. Did either of you know her cousins?
- MM: Were either one of you friends these witnesses? Did you used to hang out with either of them?
- MM: Police decided to make arrests on February 13th, 1995. Kevin you were taken into custody, and Sean, you ran from the police. What happened there?
- MM: Did either of you have the understanding that there was a bad identification?
- MM: What kind of defense attorney did you have?
- MM: Did your lawyer ever interview your alibi witnesses?
- MM: Did anything happen with these lawyers? Did they get reprimanded or grieved?
- MM: I assume you were offered plea deals?
- MM: They never recovered weapons, DNA evidence, or more than one unreliable witness named Denise Rand?
- MM: Denise Rand was allegedly paid under a material witness statute.
- MM: Too many people we interview didn’t make noise when it became apparent they were getting railroaded. But it sounds like you were making noise…
- MM: August 1st, 1996 you’re both convicted of first-degree murder and sentenced for sixty years. Did either of you think the truth would ever come out?
- MM: Sean, what happened to your 911 call that you placed?
- Sean’s case was a topic of discourse at a convention, which sparked the interest of several lawyers.
- MM: The witness who claimed you guys were guilty of murder died of breast cancer, but her friends came forward and told her you were innocent…
- MM: February 11th, 2020, you walk out of prison. What was that feeling like?
- MM: Kevin, where are you at? What are you doing now?
- MM: Sean, what about you?
- MM: Have either of you been compensated by the state of New Jersey?
- MM: What would you like other wrongfully convicted people to know?
- You need to advocate for your rights if you believe you’re innocent. No one will change the way the law is interpreted unless people stand up for the truth — even when the truth is being challenged.
- MM: Thank you both for your message and for urging our viewers to stay awake. Appreciate you both. Thank you for sharing your stories.
- MM: Thank you for watching and listening Open Mike. Another tragedy, and the state won’t compensate them. It’s unbelievable. It’s the same, old stuff. It’s frustrating and heartbreaking. We appreciate you for being part of our community. We’ll see you next time.
FAQs
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What evidence were Kevin Baker and Sean Washington convicted on?
Mike Morse noted that no murder weapon was recovered and no DNA evidence connected them, and that one witness said she saw them. Kevin Baker says prosecutors held that witness in a hotel for two days before she testified, that on the stand she said she didn’t remember and read from her statement, and that she admitted smoking crack within hours and being drunk.
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How were Kevin Baker and Sean Washington eventually exonerated?
The Last Resort Exoneration Project at Seton Hall University took on their cases around 2011–2012; a recording of Sean Washington’s own 911 call reporting the bodies was found in the prosecutor’s office files and corroborated their account. After the trial judge denied a new trial, an appeals court reversed, prosecutors chose not to retry them, and they were released in February 2020.
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Why didn't Kevin Baker and Sean Washington testify at their trial?
Kevin Baker says part of his defense was that they didn’t have to say anything because the state had to prove guilt, and they went along with that. Sean Washington says he wanted to testify but his attorney was adamant and wouldn’t let him; he did not know he had the right to testify until after his trial, and at a later hearing the attorney admitted on the stand that Sean had wanted to testify.
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Did Kevin Baker and Sean Washington receive compensation for their wrongful imprisonment?
As of the interview, neither had been compensated. Sean Washington says a New Jersey law provides compensation for each year wrongfully incarcerated and that they are entitled to it for their 25 years, but the prosecutor’s office was fighting the claim, saying it does not believe they were innocent even though it chose not to retry them.
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What did federal informants say about the case?
Sean Washington says he learned that two federal informants, in two different cases, told the FBI that he and Kevin did not commit the crimes, but it was swept under the rug. After the college took their case, it interviewed one of those witnesses, who said he had told authorities back in the early 2000s that they didn’t do it, and that around 2011 he tried to tell the prosecutor’s office but was ignored.
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