DNA evidence clears black man of crime, Missouri still going ahead with execution
- Thread starter Jae
- Start date
mailbox full. im calling again in the morning
Missouri is set to execute a convicted killer. His lawyers say new DNA evidence proves he's innocent.
http://www.cnn.com/2017/08/22/us/execution-missouri-marcellus-williams/index.html
CNN)Missouri plans to put a 48-year-old man to death Tuesday, even as his lawyers say new DNA evidence proves his innocence.
The execution of Marcellus Williams is scheduled for 7 p.m. ET, but lawyers for the death row inmate have asked the US Supreme Court to stop the execution and examine the new evidence.
A brief filed Monday night with Associate Justice Neil Gorsuch said the appeal is not based on witness recantation.
"In this case, there is conclusive scientific evidence that another man committed the crime," the brief written by defense lawyer Kent Gipson said.
But the Missouri Attorney General's Office argues the execution should be carried out because the DNA evidence doesn't overcome non-DNA evidence that connects Williams to the crime.
Lawyers: His DNA isn't on murder weapon
Williams was convicted in the death of Felicia Gayle, 42, a former reporter for the St. Louis Post-Dispatch newspaper who was stabbed 43 times inside her home in August 1998.
The newly acquired evidence shows Williams' DNA was not found on the murder weapon, Williams' lawyers say, though DNA from another male was found.
That evidence was not available when Williams went to trial in 2001, court documents say. Williams maintains his innocence and says he was convicted on the testimony of individuals who were themselves convicted felons.
Forensic DNA expert and biologist Greg Hampikian, who was hired by defense lawyers, told CNN on Monday that "when you're stabbing, DNA transfers because of restriction and force. If you're stabbing anyone, you have a good chance of transferring your DNA because of that force."
The analysis of DNA on the knife "isn't enough to incriminate someone, but it is enough to exclude somebody," he said. "It's like finding a Social Security card with some blurred numbers. There's still enough there to at least exclude someone."
Hair samples found at the crime scene don't match Williams' DNA, Hampikian said. A footprintalso does not match the defendant's shoes, defense lawyer Larry Komp said.
But the Missouri Attorney General's Office, in addressing the newDNA evidence in court documents filed in opposition to a stay of execution, offered a possible explanation of why none of Williams' DNA was found on the knife.
State confident in his guilt
The new DNA evidence "does not come close to showing Williams is actually innocent, the documents state. It would be unsurprising if Williams, who wore a coat from the crime scene to cover his bloody shirt, wore gloves when he committed the burglary and the murder," the documents say.
In a statement issued Monday, the state attorney general's office said Williams' guilt was proven without DNA evidence.
"Based on the other, non-DNA, evidence in this case, our office is confident in Marcellus Williams' guilt and plans to move forward," said Loree Anne Paradise, deputy chief of staff for Missouri Attorney General Josh Hawley.
The non-DNA evidence includes a laptop belonging to the victim's husband, which Williams sold and police recovered, and some of the victim's personal items, which police found in the trunk of the car Williams drove, according to court documents.
Williams got picked up on unrelated charges. His cell mate from that time, Henry Cole, and Laura Asaro, Williams' girlfriend, testified for the state, saying Williams told him them separately that he committed the murder, according to the documents filed by the state attorney general.
Rejected by state Supreme Court
The US Supreme Court has not yet ruled on the motion. Normally, it waits until the day the sentence is due to be carried out to rule because death penalty lawyers often flood the court with last-minute petitions in the hours before a scheduled execution.
The Missouri Supreme Court on August 15 turned down defense lawyers' bid to have the execution stopped and didn't provide a reason, according to the St. Louis Post-Dispatch.
The case has drawn high-profile advocates. Sister Helen Prejean, the Roman Catholic nun who fights the death penalty and was featured in the movie "Dead Man Walking," is involved in the case. Amnesty International is urging Gov. Eric Greitens, a Republican, to grant clemency.
"It's gaining public attention," Amnesty International researcher Rob Freer said of the case. "I think there is a heightened sensitivity that it is now proven that the capital justice system" has errors, he said.
The governor's press officer, Parker Briden, declined to comment until the governor makes a final decision.
Son: 'He's going to be murdered'
The execution would be carried out at the prison in Bonne Terre. Defense lawyer Komp told CNN his client is taking events calmly.
"Given the tenets of his religion (Islam) that he is very devout about, he believes it will be Allah's will and he is at peace with that," Komp said. "Whatever will be will be. It's astounding."
Williams' son, Marcellus Williams II, said his father is not one to show pain.
"He's at peace. I think tomorrow he's going to be murdered. He (is) an innocent man, and that's not right," the younger Williams told CNN Monday.
Williams II says he's never doubted his father's innocence and credited him with being a strong influence in his life.
"Someone murdered that woman, but it wasn't my father," he said. "I wish they would find the right suspect and charge them to the fullest extent of the law."
Gayle's widower, Dan Picus, is declining interviews, according to his wife.
In an editorial titled, "The death penalty debate hits close to home this time," the Post-Dispatch remembered Gayle and said she would not have favored the execution.
She "was a kind and gentle woman who went out of her way to do nice things for people. She'd left the newspaper in 1992 to do full-time volunteer work."
The editorial said the paper "opposes capital punishment under any and all circumstances, believing its administration is always arbitrary and always irrevocable. It has no deterrent value. If the state must execute, there must be no room for doubt."
CNN's Jason Kravarik, Scott McLean and Ariane De Vogue contributed to this report.
They should destroy the suburbs if hes executed
Crickets...
While I don't practice criminal law and don't know all the facts about the case, defendants can be convicted without DNA evidence. Here we have a case where all of the evidence outside of the DNA evidence seems to show Marcellus Williams as the killer. I do wonder how many executions are scheduled and fully executed without DNA evidence to link the accused to the crime.
He should not be executed without DNA evidence linking him to crime. It does not mean that he is innocent of the crime however.
Sonn
The petition alleged that the "physical evidence collected from the crime scene”—which included fingernail scrapings from the victim, who had been stabbed more than 40 times—“did not match and could not be linked to" Williams."
"
The petition alleged that the "physical evidence collected from the crime scene”—which included fingernail scrapings from the victim, who had been stabbed more than 40 times—“did not match and could not be linked to" Williams."
Again, I do not know all of the facts and I can't go off of just what is in the petition. I am not saying he is guilty of the crime or innocent. What I am saying is that there was other evidence linking him to the crime outside of specific DNA.
He should not be executed off of the simple fact that there is a lack of DNA evidence linking him to the crime. However, it may not mean he is innocent of the crime.
the point is to be proven guilty right?
may not being innocent is no proof of guilt, is this not correct..
and if there is no proof of guilt then he is presumed innocent is my laymans understanding of the bullshit money hungry judicial system..
in addition the shoe size recorded and on record is not his shoe size
So today's the day, are the devils going to kill an innocent, but deemed guilty, black man with no fucks given?
I'm curious:
1) where did he get the victim's laptop and personal items?
2) could he have worn gloves?
3) what do they have besides 2 convenient witnesses?
*Far too many unknowns here to form an opinion. But if there is any doubt as it relates to guilt, at a minimum he should receive a stay. I have a nagging suspicion the Sup. Ct. will halt this one at the last minute.
1) where did he get the victim's laptop and personal items?
2) could he have worn gloves?
3) what do they have besides 2 convenient witnesses?
*Far too many unknowns here to form an opinion. But if there is any doubt as it relates to guilt, at a minimum he should receive a stay. I have a nagging suspicion the Sup. Ct. will halt this one at the last minute.
I hear what you're saying but why doesn't the presence of another person's DNA on the knife raise doubt. And if it does raise doubt shouldn't they have to reopen his case ?
The evidence pointed to someone living in the gated community.. at least from what i've read.
If ever there was a case where there's doubt this is it. There seems to be holes in this conviction. An since when is DNA evidence ignored when procedures are properly executed. At the very least he should get a new trial.
Stay just granted! Breaking on CNN.
It was just announced on CNN he got a stay of execution. Hopefully this man will be released.. maybe him and Kevin can finally have father and son time
and im getting a busy signal.
http://www.cnn.com/2017/08/22/us/execution-missouri-marcellus-williams/index.html
ALL PRAISE TO ALLAH!!!!! They temporarily cut that execution to a halt! Free this man if his dna doesn’t match. See god showed up the day he really needed him before it was too late
ALL PRAISE TO ALLAH!!!!! They temporarily cut that execution to a halt! Free this man if his dna doesn’t match. See god showed up the day he really needed him before it was too late
Yes it’s temporary at the moment! If u don’t believe in god this is a prime example. He will show up
Why did god let an innocent man get can convicted of murder?
Good shit.
Because,these prosecutors don't want to be wrong.
You still have the prosecutor from the Central Park case still believe those five men are guilty after evidence showed they didn't commit the rape.
Good, he should become a Pastor his experience would be some serious testimony to the power of prayer.
Since da defendant is black, is when.