Conclusively Excluded
Conclusively Excluded.
That is what prosecutors, yes prosecutors, said regarding the DNA evidence that resulted in the murder conviction and death sentence for Marcellus Williams in Missouri. This finding, after it was proven the evidence in the case was mishandled, prompted prosecutors to file a motion to vacate the conviction and subsequent sentence.
That is big.
Before digging in, here is a short summary of the case, via The Innocence Project:
Marcellus Williams is scheduled to be executed on Sept. 24 for a crime DNA proves he did not commit. The St. Louis County Prosecuting Attorney reviewed these DNA results and filed a motion to vacate Mr. Williams’s conviction because he believed the DNA results proved by clear and convincing evidence that Mr. Williams did not commit this crime.
The Crime:
On August 11, 1998, Felicia Gayle, a former reporter for the St. Louis Post-Dispatch, was found stabbed to death in her home. The evidence left at the scene included fingerprints, footprints, hair, and a murder weapon with DNA besides that of the victim.
The problem—none of that, not the fingerprints, footprints, and especially DNA matched Marcellus Williams.
How Sway?
Well, long story short, the proverbial ‘jailhouse snitch’ who can testify to magically hearing a confession and getting leniency in their own case was the big reason. The second reason was an ex who also, magically, had some legal issues that could be less pressing if she had some incriminating evidence.
Our impeccable legal system, folks.
After the conviction and sentencing, the case took some wild turns. In 2017 then Governor Eric Greitens had seen enough of the questions of evidence to issue a stay of execution a few hours before Williams was set to be killed. Legally, the stay was to…stay in place while the board looked into the new evidence and issue a report.
But, what are laws?
In 2023, while the board was still reviewing evidence, a new governor (operating within a new political climate for a state party) Mike Parson randomly decided to dissolve the board (again what are laws) before they finished their review and alongside the Missouri Attorney General sought to reinstate the execution.
Where Does it Stand?
Earlier this year, and after it became more and more clear the evidence in the case was exculpatory, the prosecutor filed a motion to vacate.
To summarize, evidence shows he is innocent and due to racism at the trial phase this innocence was disregarded.
The motion states, “DNA evidence supporting a conclusion that Mr. Williams was not the individual who stabbed Ms. Gayle has never been considered by any court. This never-before-considered evidence, when paired with the relative paucity of other, credible evidence supporting guilt … casts inexorable doubt on Mr. Williams’s conviction and sentence.” The prosecuting attorney urged the circuit court “to begin the process of correcting this manifest injustice by [holding] a hearing on the newfound evidence and the integrity of Mr. Williams’s conviction.”
This is not good.
Race IS a Factor.
As often is the case with criminal cases, race has come into play, both in bias and in process. Williams is Black and his jury—in St. louis county had 11 white people and only one Black person. According to the US Census, the county is 35% Black. The math is not mathin on that one. There were seven possible and six were summarily removed by the prosecutor—which thanks to a Supreme Court ruling implicating my home state (because of course it was KY) Batson v. Ky, you aren’t supposed to be able to just do that. But again…what are laws? And before people try to argue that there were possibly other reasons they excluded the Black jurors—the prosecution has a documented history of racist jury selection, so…
Also, historically in this county alone, and very similar to the national trend, the victim being white largely increases the chance of getting a death sentence. Further, if you are a Black person you are more likely to get a death sentence—so doing the math if a Black person is convicted of murdering a white victim…death.
Why Bring This Up?
Yesterday, the motion to vacate was denied. As of now it seems that this person who prosecutors say evidence conclusively excluded is set to be killed by the state. This is unjust and isn’t fair to him or the victim’s family who should know what really happened. I have no connection to the case, I have not talked to the families or attorneys, but this matters.
For some of us, there is always that nagging feeling that it can be us. As the court system systemically and unjustly harms Black people at a higher rate I, and many others, live with the fear that one day I too can be falsely accused, convicted, and killed.
We need to share this case. We need to reach out to officials. We need to know this is happening because this isn’t the only one, this is just one I happened to hear about. One who was conclusively excluded, but in a couple weeks can be conclusively executed.