New evidence is pending in a MS death row case in which state seeks execution date

Attorneys for Willie Manning, a man who has been on Mississippi's death row since November 1994, filed a response to Attorney General Lynn Fitch's motion to set his execution date, seeking a dismissal of the motion since Manning is still going through the judicial process.

Fitch also is seeking to have a stay of execution lifted to enable the state to proceed, despite new evidence recently introduced that challenges the state's case against Manning.

A subsequent petition for post-conviction relief was filed with the state Supreme Court to present the new evidence. The state had sought and was granted additional time to respond to Manning's petition, claiming it had experienced "technical difficulties," according to court documents.

The state was given until Dec. 29 to file its response. Instead, the Attorney General's office filed a motion to set an execution date and dismiss Manning's successive petition.

The petition was filed Sept. 29, including nearly 50 attachments of affidavits, letters from the FBI and Department of Justice and more. Some of the new evidence — letters from the FBI — shows erroneous testimony related to hair analysis and ballistics testing was given at Manning's trial.

"The limited evidence against Manning no longer withstands scrutiny," Capital Post Conviction Counsel officials said in a news release. "Scientific developments have undermined the reliability of the hair analysis and firearms identification used at Manning’s trial — with the government admitting in letters to the parties that its forensic evidence was false."

Other affidavits show some of those who claimed Manning confessed to the murders were given hollow promises in exchange for their statements or feared reprisal if they did not go along with what the then-sheriff wanted.

Despite the introduction of new evidence, which could prompt a new trial, the state filed its motion, without offering an explanation except that the “motion is prohibited by the Mississippi Post-Conviction Collateral Relief Act, and the Act also requires this Court to reset an execution date when — like here — there has been a stay of execution followed by a denial of PCR."

The successive petition for post-convction relief has not been denied. The Supreme Court had granted the state's motion for more time to respond in an order filed Nov. 7 — two days before the state asked for an execution date for Manning.

"Executions are not the place to act first and ask questions later," Capital Post-Conviction Counsel said. "Manning has always maintained his innocence, and the State’s case against him was weak from the start — with no DNA or other physical evidence linking him to the murders."

Manning was convicted of the 1994 murders of Mississippi State University students Tiffany Miller and Jon Steckler.

According to court documents, Manning shot Steckler in the back of the head. His body had extensive abrasions that “were consistent with being run over by a car,” court records show. Manning shot Miller in the face at close range. She “was found with one leg out of her pants and underwear, and with her shirt pulled up.”

After his arrest, Manning allegedly confessed to his cousin and fellow prisoner Earl Jordan that he had killed Steckler and Miller. According to court records, "a firearms examiner later linked projectiles from the victims’ bodies to projectiles removed from trees in Manning’s yard that his girlfriend said he shot for target practice."

The new evidence, however, filed with the Supreme Court could prove much of the testimony against Manning is either false or erroneous.

"The brutal murders of these two young people were tragic," CPCC said. "Their families deserve justice. However, a death sentence based on false forensic evidence and fabricated witness testimony is not justice."

On death row: Mississippi Atorney General seeks execution of 2 men convicted of 1990s murders

A website called Justice for Willie for years has documented Manning's quest to prove his innocence. The website has not been updated with the latest court procedings.

The state also is seeking an execution date for Robert Simon Jr., who has been on death row for capital murder since July 1990.

It is up to the Supreme Court to decide whether or when to set an execution date. The court has not yet responded to the attorney general's motions.

Do you have a story to share? Contact Lici Beveridge at lbeveridge@gannett.com. Follow her on X @licibev or Facebook at facebook.com/licibeveridge.

This article originally appeared on Hattiesburg American: MS death row prisoner has open court case; AG wants an execution date