Missouri Governor, State Supreme Court Refuse To Halt The Execution Of Man Convicted Of 1998 Killing

JEFFERSON CITY, Mo. (AP) — A Missouri man looking for to keep away from execution suffered twin setbacks Monday because the state’s prime court docket and governor every rejected requests to cancel his scheduled deadly injection.

Marcellus Williams is about to be executed at 6 p.m. Tuesday for the 1998 homicide of Lisha Gayle, a social employee and former newspaper reporter who was repeatedly stabbed throughout a housebreaking of her suburban St. Louis residence.

Missouri Gov. Mike Parson, a Republican, on Monday rejected Williams’ clemency request to spare him from the loss of life penalty and as a substitute sentence him to life in jail. Parson, a former sheriff, has been in workplace for 11 executions, and has by no means granted clemency.

The Missouri Supreme Court docket additionally on Monday rejected a request to cancel the execution so {that a} decrease court docket may make a brand new willpower about whether or not a trial prosecutor wrongly excluded a possible Black juror for racial causes.

Republican Legal professional Common Andrew Bailey’s workplace argued for the execution to proceed, telling the state Supreme Court docket that the trial prosecutor denied any racial motivations in eradicating potential Black jurors. Assistant Legal professional Common Michael Spillane additionally mentioned officers within the prosecutor’s workplace did nothing improper — primarily based on procedures on the time — by touching the homicide weapon with out gloves after it already had been examined by against the law lab.

Attorneys for Williams nonetheless have an attraction earlier than the U.S. Supreme Court docket.

Williams, 55, has asserted his innocence. However his legal professional didn’t pursue that declare Monday earlier than the state’s highest court docket, as a substitute specializing in alleged procedural errors in jury choice and the prosecution’s alleged mishandling of the homicide weapon.

The state Supreme Court docket, in a unanimous determination, affirmed a decrease court docket ruling rejecting Williams’ arguments.

“Regardless of practically 1 / 4 century of litigation in each state and federal courts, there isn’t a credible proof of precise innocence or any displaying of a constitutional error undermining confidence within the unique judgment,” Choose Zel Fischer wrote within the Supreme Court docket’s ruling.

Parson mentioned Williams has obtained in depth authorized alternatives to attempt to argue his innocence and accused Williams’ attorneys of attempting to “muddy the waters about DNA proof” with claims that courts have repeatedly rejected.

“Nothing from the true details of this case have led me to consider in Mr. Williams’ innocence,” Parson mentioned in a press release. “As such, Mr. Williams’ punishment can be carried out as ordered by the Supreme Court docket.”

Messages have been left with Williams’ attorneys on the Midwest Innocence Undertaking, and with Bailey’s workplace.

“Even for individuals who disagree on the loss of life penalty, when there’s a shadow of a doubt of any defendant’s guilt, the irreversible punishment of execution shouldn’t be an choice,” St. Louis County Prosecuting Legal professional Wesley Bell mentioned in a press release. “Because the St. Louis County prosecutor, our workplace has questions on Mr. Williams guilt, but additionally concerning the integrity of his conviction. For these causes we are going to proceed to do every little thing in our energy to save lots of his life.”

The execution could be the third in Missouri this 12 months and the one hundredth because the state resumed executions in 1989.

Williams was lower than per week away from execution in January 2015 when the state Supreme Court docket known as it off, permitting time for his attorneys to pursue extra DNA testing.

He was simply hours away from being executed in August 2017 when then-Gov. Eric Greitens, a Republican, granted a keep after reviewing DNA proof that discovered no hint of Williams’ DNA on the knife used within the killing. Greitens appointed a panel of retired judges to look at the case, however that panel by no means reached a conclusion.

Questions on DNA proof additionally led Democratic St. Louis County Prosecuting Legal professional Wesley Bell to request a listening to difficult Williams’ guilt. However days earlier than the Aug. 21 listening to, new testing confirmed that the DNA proof was spoiled as a result of members of the prosecutor’s workplace touched the knife with out gloves earlier than the unique trial.

With the DNA proof unavailable, Midwest Innocence Undertaking attorneys reached a compromise with the prosecutor’s workplace: Williams would enter a brand new, no-contest plea to first-degree homicide in alternate for a brand new sentence of life in jail with out parole.

Choose Bruce Hilton signed off on the settlement, as did Gayle’s household. However at Bailey’s urging, the Missouri Supreme Court docket blocked the settlement and ordered Hilton to proceed with an evidentiary listening to, which occurred Aug. 28.

Hilton dominated on Sept. 12 that the first-degree homicide conviction and loss of life sentence would stand, noting that his arguments all had been beforehand rejected.

“There is no such thing as a foundation for a court docket to seek out that Williams is harmless, and no court docket has made such a discovering,” Hilton wrote.

On Tuesday, Williams’ legal professional argued that circumstances are completely different, as a result of the trial prosecutor had not beforehand been questioned in court docket by Williams’ legal professional concerning the motive he eliminated a particular juror.

The prosecutor within the 2001 first-degree homicide case, Keith Larner, testified on the August listening to that the trial jury was honest, despite the fact that it included only one Black member on the panel. Larner mentioned he struck one potential Black juror partly as a result of he appeared an excessive amount of like Williams. He didn’t clarify why he felt that mattered.

The clemency petition from the Midwest Innocence Undertaking targeted closely on how Gayle’s family members need the sentence commuted to life with out parole.

Prosecutors at Williams’ unique trial mentioned he broke into Gayle’s residence on Aug. 11, 1998, heard water operating within the bathe, and located a big butcher knife. Gayle, a social employee and former reporter for the St. Louis Put up-Dispatch, was stabbed 43 occasions when she got here downstairs. Her purse and her husband’s laptop computer pc have been stolen.

Authorities mentioned Williams stole a jacket to hide blood on his shirt. Williams’ girlfriend requested him why he would put on a jacket on a scorching day. The girlfriend mentioned she later noticed the purse and laptop computer in his automobile and that Williams bought the pc a day or two later.

Prosecutors additionally cited testimony from Henry Cole, who shared a cell with Williams in 1999 whereas Williams was jailed on unrelated prices. Cole instructed prosecutors Williams confessed to the killing and supplied particulars about it.

Williams’ attorneys responded that the girlfriend and Cole have been each convicted of felonies and wished a $10,000 reward.

Salter reported from O’Fallon, Missouri.