Jarvis Jay Masters, the 63-year-old death row author who caught the attention of media mogul Oprah Winfrey, is appealing his case to the 9th U.S. Circuit Court of Appeals after a lower court rejected his petition to overturn his conviction.
Masters, who has spent over three decades incarcerated for a crime he maintains he did not commit, argues that violations of his constitutional rights denied him a fair trial for the 1985 murder of a prison guard, Sgt. Howell Burchfield.
Masters was convicted in 1990 for fashioning the weapon used in the murder. His legal team from Kirkland & Ellis, representing him pro bono, states the appeal is a significant step toward proving his innocence and securing exoneration.
Masters’ trial, one of the longest in California history, was plagued by prosecutorial misconduct, questionable evidence, and false testimony. These errors, his attorneys say, are outlined in his 9th Circuit habeas brief, as well as filings made in September 2022, August 2022, and November 2020. Key pieces of exculpatory evidence include the fact that a man who professed to Masters’ role in the crime matched the eyewitness description of the man who fashioned the weapon, while Masters himself did not. Furthermore, the two other men convicted in the case confirmed Masters was not a participant, and the prosecution’s two key witnesses have recanted their testimony.
The appeal argues that Masters’ constitutional rights were violated due to the state’s presentation of false evidence regarding a witness’ relationship with law enforcement and the benefits received in exchange for testimony (Napue v. Illinois); the state’s failure to disclose impeachment evidence against a key witness (Brady v. Maryland); and the exclusion of two critical confessions, which violated due process (Chambers v. Mississippi).
Masters, whose book, “That Bird Has My Wings,” was an Oprah Book Club selection, recently was transferred from San Quentin state prison to California Men’s Colony. His supporters include Winfrey, the late Archbishop Desmond Tutu, and Buddhist teacher Ani Pema Chödrön.
In July, The OBSERVER reported on the hunger strike Masters undertook to draw awareness to his case. In October he spoke with Richard Branson about “dehumanizing” experiences on World Day Against the Death Penalty.
“This appeal before the 9th Circuit renews hope that my decades-long journey to freedom may finally come to an end,” Masters said in a statement expressing his determination to use his plight to raise awareness of flaws in the criminal justice system.