On Friday, counsel for Reginald Clemons filed for a stay of execution in the U.S. Court of Appeals for the 8th Circuit.
Clemons is one of several inmates on Missouri death row who have filed a consolidated appeal to the constitutionality of their being executed by the State of Missouri.
The appeal pending before the 8th Circuit argues that because the Missouri Department of Corrections has a history of hiring incompetent staff for its execution team, whose errors result in excruciating pain for the condemned at death, there is reason to believe proceeding with execution would violate the constitutional protection against cruel and unusual punishment.
The court filing argues that rejecting Clemons’ request for a stay and proceeding with the execution would result in “irreparable harm” to Clemons should he be executed and the pending consolidated appeal subsequently be upheld by the 8th Circuit.
Clemons’ counsel also requested time for a “modest” process of discovery in pursuing their appeal, such as deposing current Corrections staff and investigating their records.
On Tuesday Michael Gans, clerk for the U.S. Court of Appeals for the 8th Circuit, said Clemons’ request for a stay of execution had been referred to the court and he was awaiting a judgment.
“We have not yet received a response from the State of Missouri, and I would imagine they will respond,” Gans told The St. Louis American.
Gans said he expected the federal court to wait for a response from the State before ruling.
Clemons, who was convicted in 1993 as an accomplice in the murders of Robin Kerry and Julie Kerry and sentenced to death, is scheduled to be executed on June 17.
Clemons claimed two days after his confession in 1991 that the confession was rehearsed and coerced by St. Louis Metropolitan Police detectives. Judge Michael David, who arraigned Clemons the day after he was interrogated, ordered Clemons sent to an emergency room, where injuries consistent with a beating were noted.
This allegedly rehearsed and coerced confession was to rape, not to murder. Clemons was charged with rape in the case, but has never been tried for it. A body identified as that of Julie Kerry had no injuries suggesting rape. Robin Kerry’s body has never been found.
Clemons has long claimed he is innocent on all charges. For many years he has requested that the State of Missouri try him on the charge of rape, as it has never done, although jurors were instructed to consider the charge of rape as a sentence enhancer when they condemned Clemons to death.
“There was no evidence of rape, yet it was used to enflame the passions of the public and the passions of the jury,” Clemons told The American Friday in a phone call from death row.
“The best thing I can do is try to push the rape charge to trial, which they are trying to avoid, since that’s the premise they are using to push this execution.”
Clay, Green, Smith call for clemency
On Monday, U.S. Rep. Wm. Lacy Clay led a sizable group of supporters who spoke out in Clemons’ defense at Central Reform Congregation.
“I strongly oppose the death penalty because our system of justice is imperfect and unequal. That is certainly true in the case of Reggie Clemons,” Clay said.
“The facts of the case, the unequal treatment of Mr. Clemons when compared to his co-defendants, and the highly questionable conduct of the police and prosecutors should be grounds for a new trial. At a minimum, his death sentence should be commuted to life in prison.”
Both Clemons and Marlin Gray were sentenced to death as accomplices to the murders, and Gray was executed in 2005.
Antonio Richardson – who, according to the only eyewitness testimony, actually pushed the girls from the Chain of Rocks Bridge – was sentenced to death, but his sentence was later commuted to life in prison.
Daniel Winfrey, the only codefendant who is not black, cooperated with the prosecution, was sentenced to 30 years in prison and was released on parole in 2007.
On Tuesday Comptroller Darlene Green sent a formal request to Gov. Jay Nixon, urging Nixon to grant clemency.
“I implore you to immediately grant Mr. Reginald Clemons clemency until you have thoroughly reviewed his case and all due process rights have been afforded to our fellow Missourian,” Green wrote to Nixon.
State Sen. Jeff Smith also called for clemency.
“I am opposed to the death penalty in all cases, but especially so in ones such as this where there is no physical evidence linking the defendant to the murder, and egregious abuses of the justice system in the original trial. It also seems quite odd to set an execution date with a defendant’s appeal still pending,” Smith wrote to The American.
“The uncertainty of the case combined with the irreversibility of the death penalty should be considered, and I hope that after a thorough review, Gov. Nixon decides to grant clemency.”
State Rep. Jamilah Nasheed and state Rep. James T. Morris are among the state legislators who argue that Clemons does not deserve to die at the hands of the State of Missouri.
“Certainly, I would urge Attorney General Chris Koster to review this case, as he maintained he would do during his campaign,” Morris said.
Alderman Terry Kennedy is one of several St. Louis aldermen who have voiced support for Clemons.
“I think the evidence in this case supports a verdict other than the decision that was made,” Kennedy said.
“It deserves the governor’s pardon.”