Marcus Sapp says he’s finally free after wrongful murder charges tossed
The Cincinnati Enquirer speaks with Cincinnati exoneree helped by Ohio Innocence Project at UC Law
Marcus Sapp had a wrongful murder conviction overturned in January 2023, but even with his first steps outside of prison after more than a decade the Cincinnati man didn’t feel free.
Hamilton County Prosecutor Melissa Powers quickly refiled charges to prosecute Sapp a second time in the 2008 shooting death of Andrew Cunningham. Sapp maintained his innocence and fought to clear his name one hearing after another while prosecutors continued to call him a threat to society publicly. But privately prosecutors offered him a plea deal that would let him loose if he pleaded guilty.
"They offered it to me a lot for time served," Sapp recently told The Enquirer. "I definitely wasn't taking it. I wanted to prove my innocence."
The Ohio Innocence Project at the University of Cincinnati investigated Sapp’s case with student teams uncovering exculpatory evidence that should have been presented during Sapp’s trial that indicated another party was guilty in the death of Cunningham. Jurors never heard evidence that a surviving victim of a home invasion had identified another person shortly after the murder.
OIP's Pierce Reed is shown with Marcus Sapp, Marty Levingston and Justice Michael Donnelly. Photo provided.
Instead they heard the testimony of a jailhouse informant, a felon who routinely swapped testimony for leniency in his own cases. OIP argued for a new trial for Sapp so all the evidence could be presented and it led to Sapp’s release.
Learn more about Marcus Sapp online.
Earlier this year, The Enquirer investigated the case, finding that Sapp's conviction had hinged on questionable and withheld evidence. Two months later, Powers dismissed the charges against Sapp.
Sapp is now officially an exoneree, per the National Registry of Exonerations maintained by the University of Michigan. He wasn't eligible for that status while facing the refiled charges. He said he's also working to expunge his previous record so he can "start over."
Read more about Sapp’s journey in the Cincinnati Enquirer online
Learn more about the Ohio Innocence Project at UC Law.
Impact Lives Here
The University of Cincinnati is leading public urban universities into a new era of innovation and impact. Our faculty, staff and students are saving lives, changing outcomes and bending the future in our city's direction. Next Lives Here.
Related Stories
UC Online business partnership program attracts regional partners
November 11, 2026
University of Cincinnati Online business partnership program attracts regional partners and is featured by the Cincinnati Business Courier. The recent story highlights a benefit for area workers needing online education.
Why so much hype around the new Grand Theft Auto?
November 6, 2026
UC experts from DAAP's game and animation program to a doctor at the Lindner Center of HOPE discuss the pros and cons surrounding the upcoming billion-dollar game Grand Theft Auto VI.
Are you experiencing “post-election stress disorder”?
November 6, 2026
Feelings of stress and anxiety tied to election results can persist even after the votes are counted, said University of Cincinnati psychiatrist Julia Stimpfl, MD, even though “post-election stress disorder” is not officially recognized as a mental illness. As she recently told Spectrum News 1 Ohio, those feelings can linger even after an election is finalized.