Walter Lomax

Baltimore City, MD

Walter Lomax

Dec 2, 1967

Walter Lomax was convicted of the robbery and murder of the proprietor of the Giles Food Market. The crime was one of many robberies that occurred that month. In an effort to solve the crimes, the police resorted to en-masse lineups at the main police station, which they advertised in the newspaper. Showing up to view the lineups were 75 witnesses to 58 crimes including the Giles Food Market murder. Lomax heard that there was a warrant out for his arrest and went to the police station to find out why. The warrant was actually issued for his brother, for non-payment of child support. For reasons unknown, Lomax was placed in one of the numerous lineups. Three witnesses identified him as the shooter at the Giles Food Market.

Prior to the crime, the shooter had engaged in extended interaction with two store clerks in the checkout line, and had carried away two bags of groceries before returning to rob the store. Significantly, these two clerks, who had the best opportunity to view the shooter, could not identify Lomax.

Nine days before the crime, 20-year-old Lomax chaperoned his younger sisters to a dance and was attacked by 10 to 12 thugs who came to the dance to cause trouble. During the attack he was stabbed in his right hand, punched, and kicked. Due to injuries, Lomax wore a plaster cast from his palm and fingers to his elbow. Also, during the following week, he could hardly move due to painful chest and rib injuries. None of the witnesses to the shooting noticed any cast worn by the robber and they indicated that he fired his gun with his right hand. A doctor who treated Lomax on the day of the shooting indicated that the padding and cast on his hand rendered it immobile. Lomax's rib and chest injuries made it impossible for him to have carried two large grocery bags immediately prior to the shooting.

Lomax's trial attorney did not present Lomax's hand injury in a way the jury could grasp, and made no mention of his rib and chest injuries. The judge wondered aloud at trial why Lomax's hand had been stabbed. Not knowing the circumstances of the hand injury, the jury could have attributed it to criminal conduct on Lomax's part.

In a Dec. 2006 resentencing hearing, Lomax's attorneys were able to present the full facts and circumstances of Lomax's case. The judge citing “evidence of actual innocence” as well as Lomax's spotless 39-year prison record, modified Lomax's sentence to time served. With the prosecutor's agreement, Lomax walked out of the courtroom a free man. (CM) [1/08]