He has a chance to prove his innocence in court before execution. MO AG wants to cancel it
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Missouri Attorney General Andrew Bailey’s office is seeking to stop a hearing for a man trying to prove his innocence before the state executes him in September.
Lawyers for Marcellus “Khaliifah” Williams say his DNA was not found on the murder weapon and that he is innocent in a 1998 murder in St. Louis County.
A law unique to Missouri allows prosecutors to intervene in cases when they believe someone has been wrongfully convicted. St. Louis County prosecutors in January announced that they support vacating Williams’ conviction and are preparing to present evidence at a hearing in August.
Despite the prosecutor’s intervention, the Missouri Supreme Court in early June scheduled the 55 year old’s execution for Sept. 24.
Late Thursday, the attorney general’s office, which has been hostile towards innocence cases in Missouri, filed a motion to stop the Aug. 21 hearing. In their petition, they argue that Williams is guilty and that only the Missouri Supreme Court has authority to stay an execution.
Tricia Rojo Bushnell, an attorney with the Midwest Innocence Project representing Williams, said that instead of using its time and resources to review the merits of the case, the attorney general’s office is seeking “to delay a court from even hearing the evidence before it is too late.”
“Instead of trying to prevent the circuit court from considering the DNA evidence that exonerates Mr. Williams, the Attorney General should join us in this truth-seeking process in Mr. Williams’s case,” Bushnell said in a statement.
Bailey’s office did not immediately respond to a request for comment regarding its latest legal action in Williams’ case.
Fatal stabbing
Felicia Gayle was found stabbed in her University City house on Aug. 11, 1998.
The attorney general’s office alleges Williams broke into the suburban St. Louis residence and later admitted to killing Gayle to two people. Some of her belongings were found in Williams’ Buick LeSabre.
His attorneys argue he is not linked to evidence from the crime scene, including DNA on the murder weapon, shoe prints, fingerprints or hair.
They also said the two witnesses who testified against Williams were incentivized by reward money and promises of leniency in their own separate criminal cases.
Williams has faced execution twice. Both executions were halted to conduct DNA testing and further investigation.
The attorney general’s office has forcefully fought against cases with credible claims of innocence, including Chris Dunn in St. Louis City and Sandra Hemme.
A Livingston County judge last month declared Hemme innocent, but Bailey’s office has taken steps as recently as Thursday to keep her in prison, despite a judge’s order for her release.
