Here’s Why Missouri’s AG Keeps Blocking Innocent People From Freedom

DNA proof has advised for years that Marcellus “Khaliifah” Williams was wrongfully convicted for the homicide of Felicia Gayle, and but, the ultimate weeks earlier than the Sept. 24 execution date have been a collection of twists and turns.  

That proof was sufficient for Gayle’s household and Missouri’s former legal professional basic in 2017. This January, St. Louis Prosecuting Legal professional Wesley Bell’s workplace modified their minds concerning the 2000 homicide conviction and petitioned to cease the execution. 

Williams, a now-54-year-old grandfather who goes by the title Khaliifah, has maintained his innocence since 1998. 

But, Legal professional Normal Andrew Bailey has reportedly been relentless in his makes an attempt to execute Williams. All through the weekend, arguments have been filed earlier than the Missouri Supreme Court docket interesting a circuit decide’s denied movement to vacate Williams’ homicide conviction. On Monday, Williams’ attorneys argued that the trial prosecutor’s current admission of dismissing Black jurors must be sufficient to overturn the conviction. The legal professional basic’s workplace denies these claims.

Hours after Monday’s listening to, the judges unanimously determined to uphold Williams’ conviction, permitting his execution to go ahead regardless of a pending enchantment earlier than the U.S. Supreme Court docket. A clemency petition to the governor was denied earlier than the day’s finish.

Advocates additionally say the case underscores how justice performs out within the Midwest state. The best way its authorities incarcerates, criminalizes, surveils, prosecutes, and makes use of the dying penalty towards Black and poor individuals — it’s the South, stated Michelle Smith, co-founder of the nonprofit Missourians to Abolish the Dying Penalty. 

“Our roots are very a lot in that mindset of dehumanizing Black, poor, and brown individuals,” stated Smith. “I believe that Missouri is a spot the place … our authorities, courts, and so on., have been very deeply ingrained with punishment, and retribution, and never precise justice,” Smith stated.

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Greater than half of the 55 wrongful conviction circumstances in Missouri had Black exonerees; that features three who have been sentenced to dying, in line with the Nationwide Registry of Exonerations’ database that tracks wrongful convictions since 1989. Over the previous 10 years, dying penalty circumstances within the Present Me State have “declined dramatically” with “one unanimous jury resolution” to condemn somebody to dying, in line with the Missourians to Abolish the Dying Penalty. 

Since final yr, Bailey has made a concerted effort to impede exonerees’ launch from jail, and in some circumstances, even advocated for his or her execution regardless of clear proof of wrongful convictions. 

However Williams is used to this, say supporters like Smith, who reached out to Williams three years in the past as a part of her advocacy work.

This isn’t the primary time the Missouri Supreme Court docket has set an execution date for Williams. 

“He has been by this earlier than — 3 times,” Smith stated, referring to the primary execution postponement granted in Aug. 2017 by then Gov. Eric Greitens. 

DNA proof and jailhouse informant testimony are two contributing components to show a wrongful conviction occurred. Nationally, 848 individuals have been wrongfully convicted partially due to a jailhouse informant and DNA take a look at carried out post-conviction, in line with the Nationwide Registry of Exonerations database. Greater than half of these exonerees are Black.

“What’s making it so tough for them to let this man show his innocence? It doesn’t make sense to me,” Sabrina Smith, a dying row exoneree from Mississippi and no relation to Michelle Smith, stated in an interview with Capital B. 

“They know they don’t have any proof, however but are nonetheless keen to kill somebody. That’s the half that basically pisses me off, to be trustworthy, as a result of the USA is in such a rush to kill its personal residents, and that is mindless.”

How can an harmless man nonetheless be executed? 

Williams’ conviction was based mostly on testimony from two witnesses — a jailhouse informant and an ex-girlfriend — who had separate, and unrelated, pending prison costs, such that testifying for the prosecution would supply a profit comparable to pocketing reward cash.

In an Aug. 28 evidentiary listening to for Williams’ case, the trial prosecutor revealed that he mishandled the homicide weapon, leaving his personal DNA behind, and admitted dismissing Black individuals from the jury for ignorant causes comparable to pondering Williams was associated to a possible juror as a result of they regarded associated. 

St. Louis County Circuit Court docket Decide Bruce F. Hilton dominated on Sept. 12 that he wouldn’t overturn Williams’ conviction for stabbing Gayle to dying in 1998. 

Madeline Sieren, a spokeswoman for Bailey’s workplace, stated they’re standing by the conviction based mostly on Hilton’s ruling. 

“Marcellus Williams was by no means discovered to be harmless. A decide simply handed down a court docket ruling final week affirming his conviction,” Sieren wrote in an e-mail to Capital B. 

In a unanimous written resolution, Missouri Supreme Court docket Decide Zel M. Fischer agreed with Hilton. “There isn’t any credible proof of precise innocence or any displaying of a constitutional error undermining confidence within the authentic judgment,” Fischer wrote.

Hilton’s ruling basically disregarded DNA proof examined in 2016 that proved Williams was not the supply of DNA left on the homicide weapon or the bloody footprints discovered inside Gayle’s St. Louis residence. 

In 2017, Williams’ execution was placed on maintain as an advisory board established by Greitens was tasked with reinvestigating his case in gentle of newly found DNA proof. In 2021, Missouri legislation modified to empower elected prosecutors to revisit previous convictions when allegations of wrongdoing come up. 

Previous to this alteration, a 2016 authorized doctrine set a normal in Missouri that solely allowed exonerees on dying row to be launched, leaving people like Christopher Dunn, sentenced to life with out the potential of parole, to stay wrongfully incarcerated. After 34 years, Dunn was lastly launched in July.

In June 2023, Republican Gov. Mike Parson removed the advisory board earlier than it might report its findings or present a advice to the governor to grant Williams clemency. 

Bailey, a Republican appointed by Parson in 2023 and who’s working for a full time period this yr, went on to set a second execution date.

“It’s all political,” Sabrina Smith, the previous exoneree and a communications assistant for Witness to Innocence, stated.

Earlier this yr, Bell’s workplace joined the Midwest Innocence Mission, which is representing Williams, to file a movement to dismiss his 24-year-old conviction. Nationwide civil rights organizations such because the NAACP have launched a web-based petition calling for Parson to step in.

“There are detailed and well-documented considerations concerning the integrity of Mr. Williams’ conviction,” Bell stated in a Sept. 12 assertion after Hilton’s resolution. “The Gayle household has stated that whereas they do want for this case to be put to relaxation, they don’t wish to see the dying penalty carried out towards Mr. Williams.

“I proceed to echo their sentiment. I, together with others who imagine that the proof on this case doesn’t warrant execution, will proceed to work to stop that end result.”

The execution is ready for Tuesday at 6 p.m. native time.

“I’m fearful, however Khaliifah just isn’t,” Michelle Smith stated.

Throughout his time in jail, Williams has change into an imam, and mentor to different incarcerated individuals.

“He calls me typically to verify in to see if I’m OK,” Michelle Smith stated with a giggle concerning the Ferguson native. “That’s the kind of particular person he’s.” 

Earlier than Williams was incarcerated, he was a father to Marcellus Williams Jr., who was nonetheless in elementary college when his father went to jail. Regardless of the challenges of parenting from behind bars, Williams has finished his greatest to satisfy his tasks as a father to his son. Though Marcellus Jr. grew up with out his father’s bodily presence, their shared religion strengthened their bond, permitting Marcellus Jr. to cross their title on to his son.

“And since he’s a really trustworthy particular person — he’s a really religious Muslim,” Michelle Smith stated concerning the authorized challenges Williams has confronted whereas on dying row with 11 different individuals. “His religion undoubtedly has carried him by this all these years.”