Lucy The Lab Helps Free Man Sentenced To 50 Years In Prison

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PORTLAND, OR – “Lucy the dog was not shot. Lucy the dog is alive and well.”

With those words, Deschutes County District Attorney John Hummel asked that Circuit Court Judge A. Michael Adler drop all charges against Josh Horner, who had been sentenced t0 50 years in prison for sexually abusing a child.

For Horner, a 42-year-old plumber who had never been charged let alone convicted of a crime before, it amounted to a life sentence.

As it turns out, he hadn’t done it. Get all the latest information on what’s happening in your community by signing up for Patch’s newsletters and breaking news alerts.

Six months after his conviction, Horner and his family approached the Oregon Innocence Project.

The organization, which was started four years ago, immediately recognized there would be obstacles to overcome including the fact that the jury convicted Horner with no forensics and no witnesses.

The jury was not unanimous but since Oregon is one of only two states in the country that allow for convictions without a unanimous verdict – the other being Louisiana – it didn’t matter.

There was, however, one opening that proved promising.

A major piece of testimony against Horner was that he allegedly shot a black Lab named Lucy in front of his supposed victim. Horner allegedly did it to make sure that the victim did not go to the police.

Only Lucy was alive, Horner insisted. He never shot a dog.

Investigators from the Oregon Innocence Project started looking for Lucy. They acted on a tip that she’d been given away. They started tracking down leads.

Finally, they got a tip that Lucy was with a new family on the coast.

They found her in Gearhart. She was alive and well.

The investigators went to the district attorney’s office. They tried to set up a meeting with the “victim” to discuss the discrepancy. The victim didn’t show. When investigators went to where she was staying, she ran away from them.

In July, the Oregon Court of Appeals overturned Horner’s conviction and ordered a new trial.

With the district attorney dropping the charges, there will be no new trial.

“I want to thank my wife, family, and friends for standing by me,” Horner says. “Tremendous thanks to the Oregon Innocence Project for believing in me and for tirelessly working on my behalf. Thank you to District Attorney John Hummel for cooperating with the Oregon Innocence Project in the investigation.”

Horner says that he and his wife “are ready to pick up the pieces of our lives.”

Steven Wax, who was the lead federal public defender in Oregon for more than 30 years before becoming legal director of the Oregon Innocence Project, says that Horner’s case shows how important it is to keep looking for the truth even when there’s no DNA and other forensic tools available.

“Getting an innocent man out of prison takes an incredible amount of effort and that is all worthwhile when you see him walking free,” Wax says.

Photos via Oregon Innocence Project: Picture of Lucy; Josh Horner and his wife, Kelli, leaving court after the charges were dropped, they are greeted by Steve Wax; Horner with Wax and OIP lawyer Brittney Plesser; The Horners with members of the OIP team L to R: Steve Wax, OIP Legal Director; Josh Horner, OIP Client and exoneree; Lisa Christon, OIP Advisory Committee and pro-bono attorney/investigator; Kelli Horner; Brittney Plesser, OIP Staff Attorney; and, Karma Read, Student,University of Oregon School of Law.

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