Appeals court overturns stay of execution in Michael Tisius’ Missouri death penalty case

A federal appeals court vacated a stay of execution that had temporarily halted the execution of Michael Tisius, scheduled for Tuesday at a prison in eastern Missouri.

Tisius, 42, was convicted of killing two Randolph County jailers in 2000 during an escape attempt and was sentenced the death penalty.

On Wednesday, U.S. District Judge Stephen R. Bough wrote that a brief stay of execution was warranted and ordered an evidentiary hearing. Attorneys for Tisius had argued that a juror was not qualified to serve on the jury because he could not read or write, a skill required by state law.

The decision was appealed by the Missouri attorney general’s office.

In a two-page judgment issued Friday, the U.S. Court of Appeals for the Eighth Circuit said the lower court lacked jurisdiction to order the stay.

Keith O’Connor, an attorney for Tisius, said his team will fight the Eighth Circuit’s decision.

“It’s our position that the federal district court made a measured, reasoned decision when it granted the stay to allow further inquiry into the juror’s illiteracy,” he said in a statement to The Star. “We’re disappointed with the Eighth Circuit’s decision, and we plan to appeal.”

Lawyers have also asked Gov. Mike Parson to grant Tisius clemency, citing childhood abuse and the fact that five jurors have since changed their mind about the death sentence.

In Tisius’ clemency application, his lawyers said his behavior has changed dramatically since the day he committed the murders at age 19. Tisius finds solace in art, has painted murals at the prison and donated artwork to a fundraiser for a domestic violence center.

“Not a day has gone by that he has not regretted his actions,” his legal team wrote to Parson. “His dedication to personal growth reflects in his artwork and his faith in God. He strives to be redeemed in the best manner he can, and in doing so, demonstrates the difference age makes in development.”

A co-conspirator in the escape attempt, Roy Vance, has also admitted he was the “brains behind” the escape plan.

Vance said Tisius was “a kid in a grown man’s body, and I knew I could manipulate him into what I wanted him to do.”