20 September 2024 :
September 12, 2024 - Missouri. Court Denies Prosecutor’s Motion to Vacate Marcellus Williams’ Conviction
On September 12, 2024, the Missouri Circuit Court for St. Louis County denied Prosecuting Attorney (PA) Wesley Bell’s motion to vacate Marcellus Williams’ conviction and death sentence for the 1998 murder of Felicia Gayle. Judge Bruce F. Hilton denied PA Bell’s motion, writing that “there is no basis for a court to find that [Mr.] Williams is innocent, and no court has made such a finding.” Judge Hilton added that the court was not presented with evidence showing that the previous administration mishandled the murder weapon in bad faith, calling PA Bell’s motion “nothing more than repackaged arguments.” Following Judge Hilton’s ruling, PA Bell said he is “immensely disappointed” with the court’s decision because there are “detailed and well-documented concerns regarding the integrity” of Mr. Williams’ conviction. PA Bell added that he, “along with other who believe that the evidence in this case does not warrant execution, will continue to work to prevent that outcome.”
In January 2024, PA Bell filed his motion after his office reviewed Mr. Williams’ case and new DNA testing conducted on evidence from the crime scene excluded Mr. Williams as a source of DNA. An evidentiary hearing was originally scheduled for August 21, 2024, but prosecutors from PA Bell’s office announced that the murder weapon contained DNA of members of the trial prosecution team, no longer supporting their initial conclusions. Mr. Williams agreed to enter an Alford plea in exchange for a life sentence without parole, which would have ensured that he would not be executed. Hours after the agreement was accepted, Missouri Attorney General Andrew Bailey asked the state Supreme Court to block the agreement. The Missouri Supreme Court set aside the plea agreement and ordered the lower court to proceed with the evidentiary hearing. During the August 28, 2024, evidentiary hearing, PA Bell conceded that the prior administration committed unconstitutional errors contributing to Mr. Williams’ unreliable conviction and death sentence, including the mishandling of the murder weapon which could have exonerated Mr. Williams.
Tricia Rojo Bushnell, an attorney for Mr. Williams, said that “the decision of a prosecutor to move to vacate a murder conviction and death sentence is not done lightly. Prosecuting Attorney Bell filed a motion because there is overwhelming evidence that Marcellus Williams’ trial was constitutionally unfair, including revelations that the State contaminated the most critical evidence in the case—the murder weapon.” A 2021 Missouri law allows prosecutors to challenge past convictions if they believe that individual is innocent or wrongfully convicted. This law has resulted in the release of three other men, who wrongfully spent decades in prison.
Ms. Rojo Bushnell said that her team “will continue pursuing every possible option to prevent Mr. Williams’ wrongful execution. There is still time for the courts or Governor Parson to ensure that Missouri does not commit the irreparable injustice of executing an innocent person.” In late August 2024, a spokesperson from Gov. Parson’s office said that he is open to discussing clemency with Marcellus Williams and his legal team.
Mr. Williams is scheduled to be executed on September 24, 2024.
