OKLAHOMA CITY – The Oklahoma Innocence Project (OIP) at Oklahoma City University School of Law filed an application and brief today for post-conviction relief on behalf of Malcolm Scott.
Scott was convicted of the murder of Karen Summers and sentenced to life in prison.
Ms. Summers was murdered in north Tulsa during a drive-by shooting in the early morning hours of September 10, 1994.
Two other people were injured during the shooting.
Scott and Demarchoe Carpenter were arrested, charged and convicted, despite the fact that the murder weapon and the car used to commit the crime were discovered in another man’s possession. That man, Michael Wilson, admitted being the triggerman during a video confession to the OIP just two days before his execution for another murder.
“Malcolm Scott is an innocent man,” said OIP Director Tiffany Murphy. “He was wrongfully convicted and has always maintained his innocence. In reviewing the trial transcripts and other evidence, it is obvious Malcolm was in no way involved in this terrible crime. The petition we filed today on behalf of Malcolm outlines the reasons he deserves to be free, and we ask that the court vacate his convictions.”
Among the new evidence uncovered in this case that points to Malcolm’s innocence:
- Michael Wilson and the two other men who committed this crime confessed
- The state’s two eyewitnesses have recanted their testimony
- Malcolm’s fingerprints were not found on any physical evidence connected to the crime
Wilson said his motive for committing the crime was to retaliate for being shot in the leg a few days earlier. In his video confession to the OIP, he says Malcolm and Demarchoe were not in the car and had nothing to do with the murder.
“Mr. Wilson repeatedly states in the video that he was shocked he was not charged with murder after police found him with the gun and the car used in the drive-by. It is disturbing that two innocent men, convicted when they were just teenagers, have spent this much time in prison for a crime they did not commit,” Murphy said.
The OIP’s petition outlines how Malcolm’s constitutional rights to a fair trial and due process were violated.
First, he had ineffective assistance of counsel because his trial attorney failed to fully investigate and challenge the state’s case.
Secondly, his Brady rights were violated because the Tulsa District Attorney’s Office failed to turn over key evidence that was exculpatory and could have helped in his defense. Additionally, the witnesses who have subsequently recanted claim they were coerced by investigators.