Missouri death row inmate Reginald Clemons finally will have his new day in court on Monday, September 17 when Judge Michael Manners convenes a hearing in St. Louis. Manners is the Special Master appointed by the Missouri Supreme Court on June 30, 2009 to gather new evidence in the case and submit a report to the court.

The instigation of a new evidence phase in the Clemons case by a court that had recently set an execution date for him was startling. For many years, Clemons and his pro bono defense team have claimed that the trial court permitted inadmissible evidence and that relevant evidence has appeared since his conviction that calls the verdict into question.

Indeed, on the day Clemons was sentenced to death, the key witness against him, Thomas Cummins, settled a police brutality claim against the St. Louis Metropolitan Police Department. Clemons alleged almost identical acts of brutality by some of the same detectives working the same case. Clemons’ coerced confession was permitted in court and helped to convict him, whereas Cummins’ coerced confession was retracted and he was paid $150,000 to settle his claim.

Clemons was convicted as an accomplice to the murders of Julie and Robin Kerry on April 4, 1991, though no forensic evidence was produced. Under coercion Clemons confessed to rape, not murder; he has never been tried for rape, though the rape charge was used in his sentencing phase to get the death penalty.

The Cummins police brutality settlement, which jurors’ could not have known because it coincided with their verdict, is one troubling aspect of the case emphasized in a new series on the Clemons case being produced in multiple media by The Guardian, England’s bastion of progressive journalism.

The Guardian team, which relied on The American extensively for primary sources and reporting on the case, also pointed out compelling objective support for Clemons’ claim of police coercion: Judge Michael David ordered Clemons sent to the hospital, rather than jail, following his interrogation. Clemons filed his police brutality claim immediately after he was released from the hospital and finally was allowed to see an attorney.

Judge Manners can recommend to the Missouri Supreme Court one of four outcomes for Clemons, according to Michael Wolff, a law professor at Saint Louis University who was serving on the Supreme Court when it appointed Manners as Special Master.

“One result, he could say Clemons should be released,” Wolff said. “Another, he could say there were defects in the trial; grant him a new trial. He could suggest vacating the death penalty and leaving Clemons in prison for the rest of his life. The fourth thing is he could recommend they do nothing” – which would likely put Clemons back on the schedule for execution.

Wolff said he has no idea what form Manners’ report to the Supreme Court will take or if Manners will even recommend any specific course of action. “I do think he will make some new findings for the court to consider,” Wolff said.

Wolff also remains sure that he and his colleagues picked the right judge for the job.

“Mike Manners is a very, very, very well-respected judge from an urban area in a different part of the state,” Wolff said. “He is not from St. Louis, so he will not face St. Louis voters for retention.”

Manners’ relative immunity to politics in judging the case is worth stating.

St. Louis politics was critical to the outcome of the Clemons case, since he and his co-defendants Marlin Gray (who was executed in 2005) and Antonio Richardson (whose death sentence was commuted to life in prison) were tried by Nels C. Moss when Moss was running for Circuit Attorney in the City of St. Louis. Moss turned these cases into show trials and was censured for prosecutorial misconduct after repeatedly making outlandish claims and comparisons in court. For example, Moss continued to compare Clemons – a youth with no criminal record – to confessed mass murderers like Charles Manson even after being ordered by the bench to stop.

 

Rally for Reggie

Supporters of Reggie Clemons are holding a pre-hearing rally on Saturday, September 15 from noon-3 p.m. at Kiener Plaza, 6th and Market. Tef Poe will perform. Speakers will include Brian Coverson, Midwest Director for Amnesty International, and Clemons’ mother Vera Thomas.

The event is sponsored by the Justice for Reggie Campaign in conjunction with the ACLU, NAACP, Missourians for Alternatives to the Death Penalty (MADP) and Amnesty International. For more information, contact the Justice for Reggie Clemons Campaign at justice4reggie@yahoo.com.

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(4) comments

dudleysharp

In these activist cases, it is very difficult to seperate fact from fiction, as the anti death penalty crowd just make up so much nonsnense or leave important evidence out.

These hearings are very helpful.

For example, Try Davis got no relief because he shouldn't have.

Time will tell with Clemons.


9) "Troy Davis & The Innocent Frauds of the anti death penalty lobby",
http://prodpinnc.blogspot.com/2011/11/troy-davis-innocent-frauds-of-anti.html

The false innocence claims by anti death penalty activists are both blatant and legendary (1).

Some examples:

4) "The Innocent Executed: Deception & Death Penalty Opponents"
http://homicidesurvivors.com/2009/10/08/the-innocent-executed-deception--death-penalty-opponents--draft.aspx

5) The 130 (now 140) death row "innocents" scam
http://homicidesurvivors.com/2009/03/04/fact-checking-issues-on-innocence-and-the-death-penalty.aspx

6) "Exoneration Inflation: Justice Scalia’s Concurrence in Kansas v. March", by Ward Campbell, Supervising Deputy Attorney General, California Department of Justice, p 49, The Journal of the Institute for the Advancement of Criminal Justice, Issue 2, Summer 2008
http://www.cjlf.org/files/CampbellExonerationInflation2008.pdf

7) "The innocence tactic: Unreliable studies and disinformation", reports By United States Congress, Senate, 107th Congress, 2d Session, Calender no 731, Report 107-315. The Innocence Protection Act of 2002, (iv) The innocence tactic: Unreliable studies and disinformation, p 65-69
http://alturl.com/6j7oc

8) "The Innocent and the Shammed", Joshua Marquis, Published in New York Times, 1/26/2006
http://coastda.blogspot.com/2006/01/innocent-and-shammed-nyt-oped.html

10) "The Myth Of Innocence"­, Joshua Marquis, pu­blished in the Journal of Criminal Law & Criminolog­y - 3/31/2005, Northweste­rn University School of Law, Chicago, Illinois
http://coastda.blogspot.com/2005/03/myth-of-innocence.html

11) Sister Helen Prejean & the death penalty: A Critical Review"
http://homicidesurvivors.com/2009/05/04/sister-helen-prejean--the-death-penalty-a-critical-review.aspx

12) "At the Death House Door" Can Rev. Carroll Pickett be trusted?"
http://homicidesurvivors.com/2009/01/30/fact-checking-is-very-welcome.aspx

13) "Cameron Todd Willingham: Another Media Meltdown", A Collection of Articles
http://homicidesurvivors.com/categories/Cameron%20Todd%20Willingham.aspx


Footnote

1) From: "The Death Penalty: Saving More Innocent Lives"
http://prodpinnc.blogspot.com/2012/03/death-penalty-saving-more-innocent.html

Also review:

Innocents More At Risk Without Death Penalty
http://prodpinnc.blogspot.com/2012/03/innocents-more-at-risk-without-death.html


deebeda1

Popke, before you feel ashamed of any one person or group, check yourself for any moral values. Not one person that supports Reggie have I ever heard say "slap him on the hand then set him free". What I believe and can say for myself, if Reggie is guilty, prove it! Read the facts, you will then realize, obviously they can't. It looks like in my eyes you are pulling the "he's black so he's guilty" card. Not everyone is guilty by association and I pray you are never in a situation such as this, you have a serious part to play and God forbid you can't stop it as you say Reggie should have done , good luck ! This is not just about Reggie, its about the truth and a fair trial! Remember, this could be you, your father, cousin or brother . Innocent until proven guilty, WHERE'S THE PROOF POPKE?

Popke

I am ashamed that the NAACP, MADP and Amnesty Intl would waste their time on Clemons. He was there when the 19 and 20 yr old Kerrys sisters were brutely raped and thrown over the side of the bridge into the Mississippi River. If this wasn't a heinous murder that deserves the death penalty in Missouri there never was a crime so brutel besides the LIndberg murder. IF a person is present during the rape and murder of another human being without doing anything to stop it, then they are just as guilty as if they did the act and we donot know that Clemons did nothing to the Kerry sisters as one of the girls were never found so no DNA could be used. All murderers say they are innocent and the girls are no longer on this earth to defend themselves against these 4 men. You people always play the racial card, but look at the inmates sitting in POtosi and the majority are white not black so where is your racial card. I for one am tired of these murderers being slapped on the hand and your saying "honey don't do that again" instead of them being responsible for their actions.

Jefferson City NAACP

Will the hearing be televised? If so by who?

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