MS death row inmate says state needs to realize times have changed and testimony does, too

The state of Mississippi argues that a man on death row is out of legal remedies, but his attorneys say there is so much that hasn't been explored in his case.

Willie Jerome Manning was convicted of capital murder in 1994 for the deaths of Mississippi State University students Tiffany Miller and Jon Steckler. He was sentenced to death and has been on death row for the past 30 years.

The attorney general's office asked the Mississippi Supreme Court to set an execution date for Manning, despite knowledge of the pending court petition and testimony that could potentially be discredited.

Attorney General Lynn Fitch said in court documents the alleged new evidence questioning the witness testimony was introduced 10 years ago, so is not new.

"Manning’s barred and meritless petition is merely an attempt to create an impediment to setting his execution date," the attorney general's office wrote.

The Office of Capital Post-Conviction Counsel said setting a date for Manning's execution is not appropriate at this time.

"As a whole, the State’s position on this issue is like arguing that once the earth has been declared flat, Manning is precluded from ever proving that the earth is round because there were some critics of the flat earth theory at the time of trial," Manning's attorney said.

Manning maintains that he did not commit the murders, but testimony given at trial pointed to his guilt. One witness said Manning told him he killed the students and an expert witness may have testified with information that has been proven questionable.

According to court documents, one of the state's witnesses, Earl Jordan, said in a 2013 affidavit that he was pressured into saying Manning told Jordan that Manning murdered the students. Jordan told then-investigators with the Public Defenders Office David Voisin and Sheila O'Flaherty that he never heard Manning confess to the slayings.

In addition, new evidence from firearms expert William Tobin questions the accuracy of forensic science in firearms examinations.

"Ultimately, in light of the newly discovered evidence — including recanted, unreliable testimony; no physical evidence tying Manning to the crime; and all that has been discovered about the field of firearms/toolmark evidence — Manning’s conviction is indefensible. It is so indefensible, in fact, that even the best of the State’s response still ejects poorly calibrated contentions," Manning's attorney Krissy Nobile wrote in her reply to the state's response regarding Manning's petition.

The Mississippi Supreme Court will decide at a later date whether to grant Manning's request for oral arguments. It is also considering whether to allow further investigation into Robert Simon Jr., also convicted of capital murder and sentenced to death in a separate case. Simon's attorneys are challenging his mental capacity and ability to understand what it means to be executed.

Fitch is seeking execution dates for both men.

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: Death row seeks oral arguments in Mississippi Supreme Court