Cornealious Michael "Mike" Anderson III (born c. 1977) is an American who was convicted of armed robbery in 2000 and sentenced to thirteen years in the Missouri state prison system.
[1][2] His arrest stirred national controversy, especially since he was a changed man by that time, and on appeal Anderson was set free in 2014.
A witness observed Anderson and his companion leaving in a car and reported the license plate number to the police.
Although police never recovered a weapon, they searched Anderson's apartment and found an advertisement brochure for Beretta semiautomatic pistols.
[1] The St. Charles prosecutor in the case used the brochure to argue that although no weapon was found, Anderson owned a gun.
[1] His attorney appealed the conviction based on the inclusion of the Beretta brochure as evidence in the trial because it introduced unfair prejudice.
[1] The appeal stated that Anderson was not in prison and it gave his current address at the time, but the Missouri Department of Corrections apparently did not notice this.
[1][2][4] On December 30, 2013, Anderson filed a writ of habeas corpus arguing that the 13-year delay in serving his sentence violated due process and that separating him from his family and the constructive life he had made for himself since he was convicted would amount to cruel and unusual punishment.
[2][8] On April 15, 2014, Missouri Attorney General Chris Koster, his response to show cause order for Cornealious Anderson v. Ian Wallace, stated that the 13-year delay in serving his sentence was not cruel and unusual punishment.
Rule 91 habeas corpus actions are generally limited to suits seeking immediate discharge from confinement, and the director of a department may only be sued in Cole County.
"[9] On April 17, 2014 Anderson's attorney filed a petition asking Missouri Governor Jay Nixon for clemency or to commute his sentence.
[11] On April 22, 2014 Anderson's attorney, after reconsidering and opting for the legal strategy suggested by Missouri Attorney General Chris Koster in his response to show cause order for Cornealious Anderson v. Ian Wallace, filed a petition for a declaratory judgment against the director of the Missouri Department of Corrections, George Lombardi.
The petition for release is addition to the writ of habeas corpus filed in December 2013 and a request for executive clemency.
[12][13] On May 5, 2014, Anderson was released from prison with credit for time served, making him a free man with no need for parole.
[4] After the episode aired on This American Life, the Riverfront Times and Anderson's attorney received emails requesting information on how they could advocate for his release.
[19] The dean of the University of Arizona College of Law, Marc Miller, told The Christian Science Monitor that "The judge's handling of the Anderson case is 'quirky' and a one-off given the unique circumstances.
[20][21] According to Miller We have a system sanction and punishment that has become excessive by historical and global standards...And when you see the potential of people [like Anderson] who have made terrible errors and caused harm and nonetheless succeed as a member of society, it makes you wonder how many other people can do that, and whether harsh sanctions remove opportunities for mercy and redemption.
[22] According to James Gilligan, professor of psychiatry and law at New York University, the American prison system is a complete failure at rehabilitation.
[22] According to Gilligan, allowing prisoners access to education and obtaining a college degree is the only program that has ever been shown effective in reducing recidivism.
[22] After the release of Anderson from prison, Jennifer Baker, writing in the Springfield News-Leader, also raised the issue of whether rehabilitation of criminals can be adequately accomplished in correction facilities.
According to Baker, Anderson's case suggests that there must be alternatives that can more successfully rehabilitate criminals and save public money.
[23] Raj Jayadev, in a commentary for New America Media, considers Anderson's case to be an anomaly in the American criminal justice system that points to a fundamental problem.
"[24] He argues that Mike Anderson is a case study, which illustrates that rehabilitation is possible and that it can be accomplished with limited incarceration.
[30] On February 6, 2015 after reviewing surveillance video, Circuit Attorney Jennifer M. Joyce dropped all charges against Anderson.