Hearing set to determine if a Missouri death row inmate is innocent. His execution is a month later

ST. LOUIS -- A Missouri justice connected Tuesday acceptable an Aug. 21 day for a proceeding to find if Marcellus Williams is guiltless of the execution that landed him connected decease enactment — a proceeding that comes conscionable a small implicit a period earlier Williams is scheduled to die.

Williams, 55, was convicted of first-degree execution successful the 1998 stabbing decease of Lisha Gayle during a robbery of her suburban St. Louis home. He was hours distant from execution successful August 2017 erstwhile helium was fixed a reprieve aft investigating unavailable astatine the clip of the sidesplitting showed that DNA connected the weapon matched idiosyncratic else, not Williams.

Questions astir DNA grounds prompted St. Louis County Prosecuting Attorney Wesley Bell to file a question successful January to vacate the execution conviction. The caller proceeding day is successful effect to Bell's motion. Meanwhile, Williams is scheduled to beryllium executed Sept. 24 astatine the authorities situation successful Bonne Terre, Missouri.

A 2021 Missouri law allows prosecuting attorneys to record a question to vacate a condemnation if they judge an inmate could beryllium guiltless oregon was different erroneously convicted.

Typically, the justice takes respective weeks to measurement the grounds aft the proceeding ends. In this instance, it isn't definite St. Louis County Circuit Judge Bruce Hilton volition regularisation connected the innocence assertion earlier the execution day — creating the anticipation that Missouri could execute a antheral aboriginal deemed guiltless by a judge.

Missouri Attorney General Andrew Bailey's bureau opposes the effort to vacate the execution conviction. Bailey's bureau didn't instantly respond to an email asking if Bailey would question to postpone the execution until a ruling is reached connected the innocence claim.

Tricia Rojo Bushnell, an lawyer for the Midwest Innocence Project, urged the authorities to enactment the execution connected hold.

“The Attorney General should not beryllium trying to artifact the court’s reappraisal and the Missouri Supreme Court should enactment Mr. Williams’s execution,” Bushnell said successful an email.

The Missouri Supreme Court acceptable the execution day connected June 4, hours aft it ruled that Republican Gov. Mike Parson was wrong his rights erstwhile helium dissolved a committee of inquiry convened six years earlier by Parson’s predecessor.

Gov. Eric Greitens, besides a Republican, halted the execution with conscionable hours to spare successful 2017, citing the DNA evidence. The enquiry committee helium appointed was made up of 5 retired judges.

The committee ne'er issued a ruling oregon reached a conclusion, nor did it contented a report. Parson dissolved the committee successful June 2023, saying it was clip to “move forward."

Since adoption of the 2021 law, 2 men who each spent decades successful situation person had execution convictions vacated, and a 3rd lawsuit is pending respective weeks aft a hearing.

In 2021, Kevin Strickland was freed aft much than 40 years for 3 killings successful Kansas City aft a justice ruled helium had been wrongfully convicted successful 1979. In 2023, a St. Louis justice overturned the condemnation of Lamar Johnson, who served astir 28 years for a sidesplitting helium always said helium didn’t commit.

A St. Louis justice is inactive weighing the destiny of Christopher Dunn aft a proceeding successful May. Dunn has spent 33 years successful situation for the shooting decease of a 15-year-old lad successful 1990.

Williams is the archetypal decease enactment inmate whose innocence assertion volition spell earlier a Missouri justice — an “unprecedented situation,” Bell said successful a statement. But different decease enactment inmate was freed 2 decades ago.

Joseph Amrine spent 17 years connected decease enactment earlier helium was freed successful 2003 aft the Missouri Supreme Court ruled that nary credible grounds linked him to the sidesplitting of different inmate. Key grounds against Amrine came from 3 erstwhile inmates, each of whom aboriginal recanted. Prosecutors past decided not to retry him.

Prosecutors astatine the clip of the transgression said Williams broke a windowpane to get wrong Gayle’s location connected Aug. 11, 1998, heard h2o moving successful the shower, and recovered a ample butcher knife. When Gayle came downstairs, she was stabbed 43 times. Her purse and her husband’s laptop were stolen. Gayle was a societal idiosyncratic who antecedently worked arsenic a newsman for the St. Louis Post-Dispatch.

Authorities said Williams stole a overgarment to conceal humor connected his shirt. Williams’ woman asked him wherefore helium would deterioration a overgarment connected a blistery day. The woman said she aboriginal saw the laptop successful the car and that Williams sold it a time oregon 2 later.

Prosecutors besides cited grounds from Henry Cole, who shared a St. Louis compartment with Williams successful 1999 portion Williams was jailed connected unrelated charges. Cole told prosecutors Williams confessed to the sidesplitting and offered details astir it.

Williams’ attorneys responded that the woman and Cole were some convicted felons retired for a $10,000 reward.

——

Heather Hollingsworth successful Mission, Kansas, contributed to this report.