“For the reasons placed on the record, I hereby dismiss all charges.” Judge Kiefer Cox March 25, 2024
Judge Cox cites due process violations by police, prosecutors after failure to disclose evidence despite multiple “Brady” motions filed by Darrell Ewing
Courtroom supporters cheer and cry; Dep. Sheriff issues only mild warning to take it outside the courtroom
WCPO says they “plan to appeal,” but does not remark specifically on ruling
By Diane Bukowski
March 25, 2024/updated March 29, 2024
DETROIT—In a stunning development today in the murder re-trial of Darrell Ewing and co-defendant Derrico Searcy, Wayne Co. 3rd Circuit Judge Kiefer Cox passionately dismissed all charges against the two.
He said the prosecution and Detroit police committed gross due process violations that made it impossible for him to conduct a fair re-trial on charges involving the 2004 murder of J.B. Watson.
Ewing walked out of the Wayne County Jail in downtown Detroit, into the arms of family and friends screaming and crying with joy. Ewing’s supporters helped him carry out boxes of legal documents kept in his jail cell.
“They just want to solve the crime to get it off the books, it’s not about getting it right,” Ewing told Mara McDonald of WDIV Channel 4 News. “This is how you get free. You have to have these—it’s all about case law. . .What I have to do now is get with the prosecutor’s office and try to usher in reforms about wrongful convictions, despite [their] rate in Detroit.”
Derrico Searcy has a case in a separate conviction pending, and remains in the Wayne County Jail.
Delmerey Morris
In that separate case, charges against Searcy’s co-defendant Delmerey Morris were vacated by WCCC Judge Miriam Bazzi March 27, subsequent to an evidentiary hearing, according to Morris’ attorney Michael Dezsi. He told VOD that Morris’ case was overturned due to lies told by a prosecution witness. He said the ruling applied only to Morris at this time. VOD is following up with Dezsi for a story on that case.
Morris was serving a sentence of 35-50 years in that case, according to Michigan OTIS.
Darrell Ewing degree
“Regardless of what happened with Morris,” Searcy’s defense attorney Blase Kearney told VOD, “we believe Mr. Searcy is entitled to a re-sentencing on that case, because we believe the J.B. Watson murder in this case was factored into that original sentence.” He said a motion is to be filed shortly.
Ewing chose to represent himself during a year of pre-trial hearings. He studied law through 14 years of incarceration and earned a paralegal degree from the Blackstone Career Institute in the stark confines of the Jail.
Darrell Ewing (top center) embraces stand-by atty. Christopher Sinclair as he and Derrico Searcy (r) leave; other attys. shown are Blase Kearney (for Searcy), Adam Clements of Perkins Law Group (for Ewing) Insets: Searcy, Ewing embrace during ruling/VOD screenshots
Judge Cox cited dozens of hand-written motions Ewing filed since June of last year. Ewing argued that prosecutors routinely denied those motions, citing violations of Brady v. Maryland and related cases, which require the disclosure of evidence favorable to the defense.
“This Court’s not satisfied,” Judge Cox told Wayne County Assistant Prosecutor Brendan Sawyer during the hearing today. “I get a motion on Friday at 4:20 pm to adjourn the trial, [about] interrogation recordings with respect to Mr. Ewing and Mr. Searcy, evidence that for months since last June when Mr. Ewing first filed his motions to compel, requested and addressed and demanded.”
Darrell Ewing (l) Derrico Searcy (r)
“Mr. Ewing stated Williams said, ‘I know you didn’t commit this crime, but If you don’t tell me who did, he would make Mr, Ewing go down for it,’” Judge Cox continued. “This was reported to have been around the time of his arrest. [At the hearing on] March 19, I pushed back a little bit, asking did you talk to Mr. Williams, did [current OIC Lisa Johnson] speak with Mr. Williams.” (See remainder of Judge Cox’s ruling in video, box above).
Judge Cox asked defense attorneys for any motions. Attorney Adam Clements of the Perkins Law group [representing Ewing] joined by defense attorney Blasé Kearney of Neighborhood Legal Defenders, representing Searcy, moved to dismiss all charges.
Asst. Prosecutor Brendan Sawyer withdrew a motion asking for an adjournment, but said issues could still be addressed during a trial by by curative jury instructions and a missing evidence instruction, reasoning rejected by Judge Cox. Cox said the re-trial already had been postponed multiple times.
The Wayne Co. Prosecutor’s Office told WDIV Channel Four News that they will appeal Judge Cox’s ruling.
However, VOD’s legal consultant says, “Looking to the Judge’s reasoning for his ruling, that any instructions he would give could not restore the defendant’s right to a fair trial under the Due Process clause of the United States Constitution, any success on appeal is unlikely.”
Judge Cox noted that the defendants have been waiting for the re-trial since the overturn of their convictions in 2019. During an evidentiary hearing then, WCCC Judge Michael Hathaway ordered a new trial after an evidentiary hearing.
AFTER THE VICTORY IN COURT (MORE PHOTOS TO COME):
Below, Larry Darnell Smith, exonerated of murder charges after 26 years in prison, addresses prayer circle after the hearing March 25.
Darrell Ewing/by LaSonya Dodson
VOD Field Editor Ricardo Ferrell (r) Darrell Ewing’s mother LaSonya Dodson display Ewing’s discharge papers March 25, 2026.
Larry Smith in Tshirt celebrating victory
Please DONATE TO VOD at:
https://www.gofundme.com/donate-to-vod
Cash App at (313) 825-6126
Voice of Detroit is a pro bono newspaper, now devoting itself entirely to stories related to our PRISON NATION and POLICE STATE. Funds are needed regularly to pay quarterly web hosting fee of $460.00 and other expenses. VOD will disappear from the web if fee not paid.
VOD’s editors and reporters, most of whom live on fixed incomes or are incarcerated, are not paid for their work. Ongoing costs include quarterly web charges of $460.00, P.O. box fee of $180/yr. and other costs including utility and internet bills, costs for research including court records and internet fees, office supplies, gas, etc.
************************************************************************************See previous VOD article which includes all VOD stories from the past seven years on the Ewing/Searcy case at:
Attys. Christopher Sinclair and Adam G. Clements will now represent Ewing at trial March 25. They appeared in court March 19.
On March 19, Cox said the restrictions applied to both sides, but appeared to focus primarily on Ewing.
During the hearing, Ewing clarified to the Court that there were two separate files on the case kept during and after the 2010 trial, one by the state, and one by the federal government, which was dealing with a separate case involving witnesses in the state case. Ewing said his defense had to go through a “Touhy” hearing with the U.S. to get various pieces of evidence in their possession.
Previously in this case, Wayne Co. Criminal Court Chief Judge Pro Tem Donald Knapp denied Darrell Ewing’s motion to disqualify Judge Kiefer Cox due to his employment in the Wayne County Prosecutor’s Office for four years directly prior to his assuming the bench, and other matters.
Voice of Detroit is a pro bono newspaper, now devoting itself entirely to stories related to the U.S. PRISON NATION/POLICE STATE, and the GENOCIDE taking place in Gaza, known as the world’s largest outdoor prison. Funds are needed regularly to pay our quarterly web hosting fee of $460.00 and other expenses. VOD will disappear from the web if fee not paid.
DETROIT — Alexandre Ansari won a $10 million jury verdict Feb. 9 for damages from his wrongful conviction, the highest amount paid out to an individual involving the City of Detroit to date.
The investigators found that Jimenez concealed evidence favorable to Ansari, including a witness statement describing a heavy-set 300-lb. man as the shooter, not Ansari, in keeping with testimony from other witnesses. Working closely with the U.S. Department of Justice, investigators obtained FBI reports that Jose Sandoval, an alleged drug dealer living in southwest Detroit, committed the shooting in retaliation for the theft of his drugs by Barley and Figueroa, along with Figueroa’s ex-girlfriend.
The WCPO and the City of Detroit disagree on whether trial prosecutor Ericka Tusar knew about Moises Jimenez’ role in the Ansari convictions. Ansari was tried in two connected cases, the murder of Ileana Cuevas and that of Miguel Figueroa’s brother, which took place later in a separate incident. He was exonerated in 2019 in the Ileana Cuevas case, and previously was acquitted of the murder of Figueroa’s brother by a jury.
Next hearing on Ewing’s motion to disqualify WCCC Judge Kiefer Cox from case set for Friday, February 9 at 9 AM, Cox Courtroom 
The 41-page finding in Judge Sean Cox’s court investigates the jail detainees’ claims seriously and in depth.
In his Omnibus motion, at no.9, Kearney said, “Regarding Mr. Ewing’s Motions to Compel and for In Camera Review; Motion to Dismiss Due to Brady, and Motion to Dismiss under MCR 6.201(J), Mr. Searcy joins these motions. . .Mr. Searcy believes the prior judge was incorrect in denying discovery of Brady information, denying an evidentiary hearing, and denying a hearing to evaluate discovery sanctions under MCR 6.201. . .The prosecution has never been required to answer any of the questions proposed by the defense in those pleadings.” See summary of Brady violations cited below in Ewing’s motion.
Judge Cox granted Ewing’s motion to stop his shackling because he was representing himself and needed to access paperwork and other matters during hearings. But Searcy is still shackled. Ewing’s motion asks for an end to shackles in court for all detainees.
VOD Editorial
Voice of Detroit is a pro bono newspaper, now devoting itself entirely to stories related to our PRISON NATION and POLICE STATE. Funds are needed regularly to pay quarterly web hosting fee of $460.00 and other expenses. VOD will disappear from the web if fee not paid.
