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

DNA proof has recommended 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 common 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 choose’s denied movement to vacate Williams’s 1998 homicide conviction. On Monday, Williams’ attorneys argued that the trial prosecutor’s latest admission of dismissing Black jurors ought to be sufficient to overturn the conviction. The legal professional common’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 demise penalty towards Black and poor folks — it’s the South, mentioned Michelle Smith, co-founder of the nonprofit Missourians to Abolish the Demise Penalty.

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

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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 demise, based on the Nationwide Registry of Exonerations’ database that tracks wrongful convictions since 1989. Over the previous 10 years, demise penalty circumstances within the Present Me State have “declined dramatically” with “one unanimous jury resolution” to condemn somebody to demise, based on the Missourians to Abolish the Demise Penalty.

Since final 12 months, 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 way of this earlier than — thrice,” Smith mentioned, referring to the primary execution postponement granted in Aug. 2017 by then Gov. Eric Greitens.

DNA proof and jailhouse informant testimony are two contributing elements to show a wrongful conviction occurred. Nationally, 848 folks have been wrongfully convicted partially due to a jailhouse informant and DNA take a look at carried out post-conviction, based on 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 demise row exoneree from Mississippi and no relation to Michelle Smith, mentioned 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 actually 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 senseless.”

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 expenses, such that testifying for the prosecution would offer a profit akin 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 folks from the jury for ignorant causes akin to considering Williams was associated to a possible juror as a result of they regarded associated.

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

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

“Marcellus Williams was by no means discovered to be harmless. A choose 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 Choose Zel M. Fischer agreed with Hilton. “There is no such thing as a credible proof of precise innocence or any exhibiting of a constitutional error undermining confidence within the unique judgment,” Fischer wrote.

Hilton’s ruling primarily 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 mild of newly found DNA proof. In 2021, Missouri regulation modified to empower elected prosecutors to revisit previous convictions when allegations of wrongdoing come up.

Previous to this modification, a 2016 authorized doctrine set an ordinary in Missouri that solely allowed exonerees on demise row to be launched, leaving people like Christopher Dunn, sentenced to life with out the opportunity 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 suggestion to the governor to grant Williams clemency.

Bailey, a Republican appointed by Parson in 2023 and who’s operating for a full time period this 12 months, 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, mentioned.

Earlier this 12 months, Bell’s workplace joined the Midwest Innocence Challenge, 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 issues relating to the integrity of Mr. Williams’ conviction,” Bell mentioned in a Sept. 12 assertion after Hilton’s resolution. “The Gayle household has mentioned that whereas they do want for this case to be put to relaxation, they don’t wish to see the demise penalty carried out towards Mr. Williams.

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

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

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

Throughout his time in jail, Williams has turn out to be an imam, and mentor to different incarcerated folks.

“He calls me generally to examine in to see if I’m OK,” Michelle Smith mentioned with a giggle concerning the Ferguson native. “That’s the kind of individual 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 performed his greatest to meet his tasks as a father to his son. Despite the fact that Marcellus Jr. grew up with out his father’s bodily presence, their shared religion strengthened their bond, permitting Marcellus Jr. to go their title on to his son.

“And since he’s a really devoted individual — he’s a really religious Muslim,” Michelle Smith mentioned concerning the authorized challenges Williams has confronted whereas on demise row with 11 different folks. “His religion positively has carried him by way of this all these years.”