Missouri, pass this law to prevent more unjust convictions like Marcellus Williams’ | Opinion

Two decades on death row for a crime that DNA evidence proves someone else committed. That is the reality of Marcellus Williams. No physical evidence, no motive, no shred of truth ties him to the murder that landed him on death row. His conviction rests solely on the incentivized testimony of two witnesses — one of whom was a jailhouse informant desperate for freedom, not truth. His life has been stolen by a flawed justice system.

The glaring flaws in Williams’ conviction highlight the dire consequences of relying on jailhouse informant testimony. His case is an example of the urgent need for reform in Missouri’s criminal justice system to prevent future miscarriages of justice.

In 1998, Felicia Gayle was tragically murdered. Two years later, Williams — after sharing a cell with an informant for an unrelated, nonviolent crime — found himself being convicted of Gayle’s murder, which he had nothing to do with. This jailhouse informant, motivated by the promise of money and leniency, implicated Williams even though there was no physical or crime scene evidence tying him to the crime. This testimony was a death sentence.

Jailhouse informants pose a critical threat to the integrity of our justice system. They typically expect leniency or other benefits in return for their testimony, which is a strong incentive for them to lie. The use of jailhouse informant testimony has been proven to be a leading cause of wrongful convictions. According to the National Registry of Exonerations, incentivized witness testimony has contributed to a staggering 14% of death penalty cases later resulting in DNA exonerations. Behind each and every one of those cases is a human being — a stark reminder of the cost of prioritizing quickly “solving” a case over truth.

Marcellus Williams, an innocent man on death row in Missouri, is a powerful example of the harm caused by the unreliability of jailhouse informant testimony. Without proper protections in place, what happened to him will continue to happen to innocent Missourians. This is why it is important that the Missouri General Assembly prioritize Senate Bill 1271 this session. Sponsored by state Sen. Nick Schroer, a St. Charles Republican, the legislation would establish new rules for how informants are used in criminal cases in our state, including requiring record-keeping, disclosures, pretrial hearings and notifying victims.

Passing this legislation would serve as a message to all in this state that Missouri’s justice system is one that seeks truth and fairness, not just convictions for the sake of closing a case.

In 2016, DNA testing of samples retrieved from the crime scene entirely excluded Williams as a contributor. Just hours before he was scheduled to be executed in 2017, then-Gov. Eric Greitens intervened with a stay of execution because of this exculpatory DNA evidence, and appointed a board to review the evidence of Williams’ innocence. All these years later, still no court has reviewed this exculpatory evidence. The panel that Greitens assembled to thoroughly review this evidence was disbanded by Gov. Mike Parson, who lifted the stay of execution in June 2023. But in a letter earlier this month, prosecutors in St. Louis County asked the Missouri Supreme Court to delay setting Williams’ execution date for six months for the office to investigate the evidence that could exonerate him.

The other members of Williams’ legal team and I are fighting every day for his life. As we do this, his story must be heard.

Marcellus Williams deserves justice. And the people of our state deserve better. Sharing his story is also about a plea for reform that protects the innocent. Let his story be a catalyst for change. Missouri legislators should enact S.B. 1271 this session to protect innocent Missourians and uphold the fundamental principle of our justice system: presumption of innocence.

Tricia Rojo Bushnell is the executive director of the Midwest Innocence Project and on Marcellus Williams’ legal team.