Stephon Downer

I. The conviction

Charge

Felony murder and related offenses

Year convicted

2002

Sentence

Life sentence; parole eligibility after 35 years

Time served

26 years

What contributed to the conviction

Eyewitness identification and jailhouse informant testimony. The surviving witness, Edelmiro Robles, described the shooter as having a prominent jaw and gold-fronted teeth -- a description the investigating detective admitted on cross-examination did not match Downer. Robles was shown Downer's photo repeatedly and told he was the shooter before making an identification he later said he was never fully sure of. Jailhouse informants Francis Campbell and Mark Trainor gave statements that closely mirror a published news article about the crime rather than any account only the shooter could have known.

II. Evidence of innocence

1. 1. Placed away from the scene

   Deshon Milton told investigators he saw Downer in a parking lot several minutes' walk from the shooting shortly before it happened, and did not see him near the building before or after.

2. 2. The actual shooter has been named by multiple witnesses

   Douglas Scott, Dana Tokley, Corey Knox, and Deshon Milton have each independently pointed to Jimel Quann, known as "Rat Rat," as the man involved in the robbery and shooting of Carlos Ruiz.

3. 3. The surviving witness's own description doesn't match him

   Edelmiro Robles described the shooter as dark-skinned with a prominent jaw and gold-fronted teeth. Investigator Kevin Kellejan admitted on cross-examination that Downer did not fit that description.

III. Newly discovered evidence

1. 1. A 2022 recantation from a trial witness

   In a sworn affidavit, Corey Knox -- who testified he saw Downer at the scene -- admitted the testimony was false and said it was orchestrated by another inmate while Knox faced serious charges of his own.

2. 2. A sworn affidavit naming the real perpetrators

   Dana Tokley's affidavit describes watching three men, including Jimel Quann, plan and carry out the robbery that led to Ruiz's death, and states plainly that Downer was not there.

3. 3. The eyewitness's own doubts, on record

   In a March 2022 interview with a licensed private investigator, Edelmiro Robles said he could not positively identify Downer and that detectives told him Downer was the shooter before he picked him from a photo array.

4. 4. An informant who no longer stands by his testimony

   In a 2023 interview with the Conviction Review Unit, informant Francis Campbell said he could not recall the substance of any conversation with Downer -- and, asked directly if Downer confessed to him, answered, "I cannot recall."

IV. Due-process violations

1. 1. A suppressed letter naming the real suspect

   A June 1999 letter shows Camden County investigators knew, before trial, that Douglas Scott could clear Downer and identify the actual shooter -- information never turned over to the defense, in violation of Brady v. Maryland.

2. 2. Suggestive identification procedures

   Witnesses reported being shown Downer's photo repeatedly and told he was the shooter. Corey Knox has stated the photo array he was shown was marked to point toward Downer's photograph.

3. 3. A witness pressured to implicate him

   Dana Tokley says Detective Martin Devlin offered him a deal to falsely say he saw Downer commit the shooting, after Tokley had already identified the real perpetrators -- and ended the interview when Tokley wouldn't change his account.

V. Unreliable evidence

1. 1. Informant testimony that tracks a news article

   The statements of jailhouse informants Francis Campbell and Mark Trainor closely mirror a published news article about the crime rather than any account only the shooter could have known.

2. 2. A documented pattern in Camden County

   Downer's trial counsel and case reviewers point to a broader pattern of pairing jailhouse informants -- "usually two" -- to shore up weak cases in Camden County, this one included.

3. 3. An identification the witness later called into question

   Robles was brought to the police station multiple times and shown Downer's photo before making an identification he later said he was never fully sure of.

VI. Documents

VII. Take action

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