John,
Marcellus Williams has spent 24 years of his life on death row for a murder DNA evidence proves someone else committed. This week, Marcellus filed a civil lawsuit against Missouri Gov. Mike Parson for dissolving the board of inquiry that had been investigating his innocence claim before it could produce a report and recommendation, and against Attorney General Andrew Bailey for moving to set an execution date after the governor had illegally dissolved the board.
The suit asks the court to invalidate Gov. Parson’s June 30 executive order, which dissolved the board and lifted Marcellus’ stay of execution, arguing that the governor violated Marcellus’ rights and the law when he terminated the board without a report.
Earlier this summer, Gov. Parson made an unprecedented move by rescinding an executive order issued by his predecessor, lifting Marcellus’ stay of execution and terminating a board of five former judges appointed by previous Gov. Eric Greitens to examine new DNA evidence in the case — which no court has ever reviewed. Gov. Greitens’ 2017 executive order required the board to provide him with a report and recommendation about Marcellus’ claims of innocence and application for clemency. But the lawsuit alleges that Gov. Parsons never received such a report or recommendation from the board before he dissolved it.
Gov. Parson rescinding the 2017 executive order means that, although no new execution date has been set yet, Marcellus’ life remains at risk for a crime he did not commit.
In the coming days, we’ll offer ways to help Marcellus, but in the meantime, we’ve put together a list of all of the facts you need to know about his case — check it out now. [[link removed]]
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In 1998, Felicia Gayle, a former St. Louis Post-Dispatch reporter, was stabbed to death 43 times in her own home.
Two years after the crime, Marcellus was convicted of first-degree murder, robbery, and burglary — based primarily on the inconsistent testimonies of two incentivized witnesses, with no concrete physical evidence linking him to the crime scene. These two incentivized witnesses were motivated by self-interest and the reward money. Their stories were inconsistent with the crime scene evidence, their own prior statements, and with each other.
Post-conviction DNA testing excluded Marcellus as the source of the male DNA found on the handle of the knife used to commit the murder. Based on this new DNA evidence, Gov. Greitens stayed Marcellus’ execution in 2017, and formed the board of inquiry to examine it. When Gov. Parson dissolved the board without receiving its report and recommendation about the case, he violated the statute, defied the executive order, exceeded his authority, and undermined Marcellus’ rights.
“By aborting the process before this distinguished group of jurists issued a report, Gov. Parson violated Mr. Williams’ due process rights under the state and federal constitutions to life and liberty,” said Barry C. Scheck, co-founder of the Innocence Project.
Marcellus needs our help, and that starts by spreading the word about the facts of his case. Please take a moment to read through all of the information you need to know, and share this story with your friends and family. [[link removed]]
Thank you for your support,
— The Innocence Project Team
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The Innocence Project works to free the innocent, prevent wrongful convictions, and create fair, compassionate, and equitable systems of justice for everyone. Founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law at Yeshiva University, the organization is now an independent nonprofit. Our work is guided by science and grounded in anti-racism.
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