Facing execution, Missouri man who maintains his innocence asks for clemency from governor
Marcellus Williams’ attorneys are looking to Missouri’s governor to grant clemency from his impending execution, after an unprecedented legal battle culminated in a judge ruling Thursday to uphold Williams’ murder conviction. His legal team says the facts around Williams’ case complicate what justice and mercy look like and warrant the governor’s consideration.
Williams has maintained his innocence for more than 20 years, and his legal team wrote in a 12-page clemency application that his case “has lacked justice.” They also urged Gov. Mike Parson to consider the wishes of the victim’s family — they want the case to be finalized, but do not support going through with the death penalty.
Williams, 55, was convicted in the 1998 murder of Felicia Gayle in St. Louis County.
On Thursday, St. Louis County Circuit Judge Bruce Hilton rejected efforts brought by St. Louis County Prosecutor Wesley Bell to overturn Williams’ conviction and spare him from lethal injection on Sept 24.
A statute unique to Missouri allowed Bell to intervene on Williams’ behalf. Williams’ case is the only death penalty case where the law has been used since it went into effect in 2021.
Last month, as proceedings on Bell’s motion were scheduled, Williams agreed to plead no contest and be re-sentenced to life without parole. Hilton approved the agreement, but the office of Missouri Attorney General Andrew Bailey stepped in to contest the deal. The Missouri Supreme Court then struck it down.
Those blows to Williams’ case leave his fate up to Parson, and potentially the U.S. Supreme Court. Parson has denied clemency in every previous death penalty case that has come across his desk. Eleven people have been executed since Parson took office in June 2018, according to data from the Death Penalty Information Center.
Parson’s office met with Williams’ attorneys to discuss clemency, as is standard in capital punishment cases, said spokesman Johnathan Shifflett. The governor is expected to make a decision at least 24 hours prior to the scheduled execution.
Clemency plea
Williams’ attorneys wrote in the clemency application that his case represents the story of two broken families. The victim’s family representative told Hilton that they do not want the death penalty to be applied to Williams. Instead, the case could be finalized by sentencing him to life.
“Accordingly, the Honorable Governor’s use of his mercy power to halt this unnecessary execution is appropriate to honor the family’s wishes,” Williams’ attorneys said in the clemency application.
They also noted that Williams grew up “surrounded by and subjected to violence.” As a young man, he struggled with depression and substance dependence. That mitigating evidence was not heard by the jury.
His attorneys said that Williams’ life story is also one of “growth and change” and noted that he has become a religious leader in prison.
“Even during this time of personal challenges as his execution date approaches, Marcellus devotes each day to providing spiritual guidance and stability to the other prisoners in Potosi Correctional Center,” the application said.
Three jurors expressed support for clemency, saying information that is now known would have swayed their decision. No forensic evidence links Williams to the crime.
Execution dates in January 2015 and August 2017 were halted to conduct further DNA testing and investigation.
“After considering this new DNA evidence, it is something I would have considered at the guilt phase and it may have made a difference with the jury,” a juror wrote, according to the clemency application.
Williams’ attorneys said “there is significant evidence to indicate at least reasonable doubt” on his guilt. They also said there has never been an execution in Missouri opposed by the prosecuting agency and the victim’s family.
