Attorney Statement: Missouri Supreme Court Blocks Agreement Between Prosecutor and Marcellus Williams to Prevent Execution

(August 22, 2024) Yesterday, Marcellus Williams, an innocent man scheduled to be executed in Missouri on September 24, entered an Alford plea in exchange for a sentence of life without parole. This resolution would have ensured that Mr. Williams is not executed for a crime he did not commit. Today, however, the Missouri Supreme Court granted Attorney General Andrew Bailey’s writ application and blocked the St. Louis County Circuit Court from resentencing Mr. Williams to life without parole (see Preliminary Writ here.)

Mr. Williams has always maintained his innocence in the 1998 murder of Felicia Gayle. No physical or forensic evidence has ever linked Mr. Williams to the crime, and his conviction was based on the incentivized testimony of two unreliable witnesses.

Prosecuting Attorney Wesley Bell had moved to vacate Mr. Williams’ conviction after new DNA testing excluded him as the source of male DNA on the murder weapon. A hearing on this motion was scheduled for August 21, but after the parties learned that the prosecutor’s office had mishandled the knife, corrupting the DNA evidence, they reached an agreement to ensure that Mr. Williams is not executed as he continues to seek additional evidence of his innocence

Despite the fact that Ms. Gayle’s family does not support the death penalty in this case, Attorney General Bailey has vigorously opposed the motion to vacate and has pressed to execute Mr. Williams. After the circuit court accepted Mr. Williams’ Alford plea yesterday, AG Bailey filed a writ application to the Missouri Supreme Court, resulting in today’s decision.

Hon. Bruce F. Hilton of the St. Louis County Circuit Court has scheduled a new evidentiary hearing for Wednesday, August 28 (see Order here).

Below is a statement from Tricia Rojo Bushnell, an attorney for Marcellus Williams:

“After careful consideration of the applicable law and facts, the circuit court accepted the consent judgment overturning Marcellus Williams’ conviction in exchange for Mr. William’s Alford plea and a subsequent sentence to life without parole. This agreement was made with the support of the very office that prosecuted Mr. Williams and secured his death sentence—and who now concedes constitutional error, and with the support of the victim’s family.

“Yet in spite of this, the Attorney General has fought to invalidate that agreement. It is impossible to understand who this decision serves or what justice it provides. This decision directly contradicts the will of a duly elected prosecutor and the community he represents and the wishes of a family who has already lost so much. That is not justice.

“We look forward to presenting the evidence that supports the circuit court’s decision at the hearing next week.”

Tricia Rojo Bushnell, attorney for Marcellus Williams
August 22, 2024