Marcellus Williams faces Sept. 24 execution

In his 16-month term as Missouri Governor, Eric Greitens seems to have made at least one reasonable decision. Based on new evidence, Greitens postponed the execution of death row inmate Marcellus Williams.

That was Aug. 22, 2017. After several appeals, Williams, 55, is scheduled to be executed by lethal injection on Sept 24.

In an imperfect system charged with putting people to death, Williams’ case could be an example of how a defendant’s race, socioeconomic status could result in an unjust death sentence.

National NAACP President Derrick Johnson, St. Louis County Prosecutor Wesley Bell, Congresswoman Cori Bush and several organizations have condemned or challenged Williams’ death sentence.

In a letter obtained by the Associated Press to Gov. Mike Parson, Johnson wrote executing Williams would be “a horrible miscarriage of justice.”

“Taking the life of Marcellus Williams would be an unequivocal statement that when a white woman is killed, a Black man must die. And any Black man will do,”

National NAACP President Derrick Johnson wrote.

In a press statement last week, Bell expressed disappointment in Circuit Judge Bruce Hilton’s decision not to deny Williams’ death sentence.

“As St. Louis County Prosecuting Attorney, I work every day to prosecute dangerous criminals and keep the people in my district safe. I believe that those who are convicted of committing crimes should be brought to justice … there are detailed and well-documented concerns regarding the integrity of Mr. Williams’ conviction.”

In a letter to Parson, Bush wrote, “I urge you to grant Mr. William clemency for his wrongful conviction of the 1998 stabbing of Felicia Gayle. By its own admission, the St. Louis County Prosecutor’s office engaged in gross misconduct in the prosecution. Proceeding with the execution of Marcellus Williams would be a grave injustice and would do serious and lasting harm. ”

The “well-documented concerns…”

On the night of Aug. 11, 1998, Dr. Daniel Picus arrived at his University City home to a horrific scene. He found the lifeless body of his wife, Felicia Gayle — a St. Louis Post-Dispatch reporter. She had been stabbed 43 times with a butcher’s knife.

The case went unsolved for almost a year. Then, a man released from jail in June 1999 named Henry Cole went to University City police and told them that Marcellus Williams, the man he had shared a cell within prison, confessed to Gayle’s murder.

Williams’ former girlfriend, Laura Asaro, also claimed he had confessed to the murder and directed police to the car she said Williams had driven the day of the crime. In the trunk, detectives found Gayle’s ruler and calculator. Police were also able to recover Gayle’s laptop from a man who said Williams had sold it to him. 

Prosecutors alleged that Williams was burgling Gayle’s home when she discovered him and, in response, he stabbed her repeatedly. The jury deliberated less than two hours before finding Williams guilty. The judge set a January 2015 execution date.

The Missouri Supreme Court denied Williams’ appeal in 2003 and 2005. In 2008, a federal judge in St. Louis also denied his claims.

In yet another appeal, Williams lawyers alleged misconduct on the part of prosecutors claiming that they hadn’t fully vetted the witnesses against him. They described Cole as a “career criminal with convictions dating back 30 years” who would “say anything for money.” They also provided testimonies from Cole’s relatives that confirmed his reputation for “providing false information to the police in exchange for leniency.”

The lawyers also chipped away at the testimony of the other state witness, Laura Asaro, whom they called a “crack-addicted prostitute.” They argued that Asaro only agreed to testify against Williams in exchange for the dismissal of outstanding warrants against her and a portion of the $10,000 reward offered by Gayle’s husband. Williams’ lawyers found witnesses who testified that Asaro was a “known police informant” with a “pattern of lying…get herself out of trouble.” 

On the issue of the car Asaro told police Williams drove on the day of Gayle’s murder, multiple witnesses, including the witnesses’ own mother, alleged Asaro had lied and the car she mentioned wasn’t operable at the time of Gayle’s murder.

In January 2015, the Missouri Supreme Court delayed Williams’ execution to allow for further DNA testing. 

Williams’ appellate lawyers retained forensic experts to examine evidence from the murder victim and her residence. They concluded that DNA testing on the murder weapon “excluded” Williams as the contributor of the male DNA found on the knife.

To further muddy the prosecutor’s narrative, Williams appellate team noted that the bloody footprint found at the murder scene was a different size than Williams’ shoe and hair fibers found at the scene didn’t belong to Williams, Gayle or her husband.

Williams’ lawyers and supporters have highlighted aspects of racial bias in his case. Although the pool of possible jurors included seven African Americans, Williams’ jury consisted of 11 whites and just one Black person.

Greitens’ order came less than five hours before Williams was scheduled to be executed. However, the governor abruptly resigned before his appointed board could present its official findings, and therefore, Williams did not receive a commutation.

The case had lingered in limbo until last year when the Circuit Court of St. Louis County, Missouri, scheduled a hearing this year in August to assess the “clear and convincing evidence” of Williams’ innocence. The case was scheduled in response to Bell’s move to vacate Williams’ wrongful conviction and death sentence.

After reviewing the case, St. Louis County Circuit Judge Bruce Hilton made his ruling stating: “Every claim of error Williams has asserted on direct appeal, post-conviction review, and habeas review has been rejected by Missouri’s courts. There is no basis for a court to find that Williams is innocent, and no court has made such a finding. Williams is guilty of first-degree murder and has been sentenced to death.”

Sylvester Brown Jr. is the Deaconess Foundation Community Advocacy Fellow.

Link to petition to stop the execution of Marcellus Williams: https://innocenceproject.org/petitions/call-gov-parson-to-stop-the-sept-24-execution-of-marcellus-williams-417-373-3400/