ST. LOUIS COUNTY, Mo. — A St. Louis County circuit judge on Thursday ruled that Marcellus Williams' death sentence would not be vacated or set aside.
The decision from Judge Bruce Hilton comes weeks after Hilton signed off on an agreement that would have spared Williams from the death penalty in exchange for an Alford plea. On Thursday, Hilton ruled that Williams had never been found innocent by a court of law and, therefore, his sentence could not be vacated.
Williams is set to be executed on Sept. 24 for the 1998 stabbing death of Lisha Gayle in the St. Louis suburb of University City.
Williams has been close to execution before. In August 2017, just hours before his scheduled lethal injection, then-Gov. Eric Greitens, a Republican, granted a stay after testing showed that DNA on the knife matched an unknown person.
That evidence prompted St. Louis County Prosecuting Attorney Wesley Bell to reexamine the case.
A 2021 Missouri law allows prosecutors to ask a court to vacate a conviction they believe was unjust. Three other men — Christopher Dunn last month, Lamar Johnson and Kevin Strickland — have been freed after decades in prison under that law.
The heart of Williams’ argument was DNA evidence that authorities recently determined was contaminated over two decades ago by officials in the St. Louis County Prosecuting Attorney’s Office. The Missouri Attorney General's Office has opposed an effort to spare Williams' life and said that other evidence points to his guilt.
Testing that was not available when Williams was tried in 2001 found that his DNA was not on the murder weapon, prompting St. Louis County Prosecuting Attorney Wesley Bell in January to file a request for the conviction to be overturned.
But the case on behalf of Williams took a big hit when subsequent tests determined that the knife had been so mishandled in the aftermath of the killing that it would be impossible to identify the killer. With the DNA evidence spoiled, lawyers for Williams and the prosecutor’s office reached a compromise at an Aug. 21 hearing: Williams would enter a new, Alford plea to first-degree murder in exchange for a new sentence of life in prison without parole.
An Alford plea is an affirmation of guilt made by a defendant while they maintain their innocence and is synonymous with a "no contest" plea. It's most often used in plea bargaining when there is little evidence of being acquitted.
Hilton signed off on the agreement. So did Gayle’s family.
Missouri Attorney General Andrew Bailey's office then appealed the plea, but Judge Hilton denied the office's objection, saying the consent agreement was "proper judgment." Bailey's office then appealed to the Missouri Supreme Court as Bailey sought to move ahead with the execution, arguing that a circuit court doesn't have the authority to overrule the state Supreme Court that set the execution date.
Early the next day, Missouri Supreme Court Chief Justice Mary Russell said Bailey's appeal was moot because Judge Hilton could not change Williams' sentence to life in prison. In her ruling, Russell said the circuit court needed to set aside Wednesday's order and hold the previously scheduled evidentiary hearing and allow Bailey's office to be a part of it.
At the hearing Assistant Attorney General Michael Spillane told Hilton on Wednesday that the killer wore gloves, so it would be unlikely his DNA would be on the knife anyway.
The testing found that DNA from Edward Magee, an investigator for the prosecutor’s office when Williams was tried, was on the knife. Testing also couldn’t exclude the original prosecutor who handled the case, Keith Larner.
Larner testified Wednesday that the knife was treated carefully in the days after the killing, then placed in a sealed box. But he acknowledged that while preparing for trial he touched the knife at least five times, without gloves.
Hilton issued his ruling one day before the deadline set by the Missouri Supreme Court.
Williams' attorneys said they intend to "continue pursuing every possible option" to prevent him being put to death.
Tricia Rojo Bushnell, an attorney with the Midwest Innocence Project who represents Marcellus Williams, provided the following statement:
“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.
“We 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.”
Parson's office provided the following statement:
"As is our process for every capital punishment case that comes across the Governor’s desk, our legal team has met with Mr. Williams’ attorneys to discuss clemency. Our office’s legal team will then present the facts of the case to Governor Parson who will make a decision on clemency typically at least 24 hours prior to the scheduled execution date.
"I do want to stress that this is our office’s standard practice when it comes to these cases and is not unique to Mr. Williams’ case, the Alford plea attempt, or today’s ruling."
Wesley Bell provided the following statement:
"I’m immensely disappointed in today’s ruling. 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. And, for something as consequential as the death penalty, the evidence must prove the defendant to be guilty without a shadow of a doubt.
"There are detailed and well-documented concerns regarding the integrity of Mr. Williams’ conviction. My office and Lathrop GPM have done everything we could to bring those concerns before the courts and to demonstrate that the evidence in question is compromised.
"I am also saddened for the family of Felicia Gayle, and they continue to be in my prayers. They do not deserve to have the worst day of their lives be replayed in the public eye.
"The Gayle family has said that while they do wish for this case to be put to rest, they do not want to see the death penalty carried out against Mr. Williams. Today, I continue to echo their sentiment. I, along with others who believe that the evidence in this case does not warrant execution, will continue to work to prevent that outcome."