Forty-two years after he and his nephew were wrong­ful­ly con­vict­ed of mur­der in Florida and he was sen­tenced to death, Clifford Williams, Jr. (pic­tured) has been exon­er­at­ed. Submitting a report from its Conviction Integrity Unit that found no cred­i­ble evi­dence of guilt and … cred­i­ble evi­dence of inno­cence,” Duval County pros­e­cu­tors asked a Jacksonville tri­al court to dis­miss all charges against Williams, now 76 years old, and his nephew, Nathan Myers, now 61. Williams is the 165th for­mer death-row pris­on­er to be exon­er­at­ed in the United States since 1973.

Williams and Myers were tried and con­vict­ed in 1976 for the mur­der of Jeanette Williams and the wound­ing of her girl­friend, Nina Marshall. Marshall told police that two men had entered their bed­room at night and fired shots from the foot of the bed. She iden­ti­fied Williams and Myers as the shoot­ers. However, the phys­i­cal evi­dence — nev­er pre­sent­ed by defense coun­sel — revealed that the bul­lets had been fired from out­side, through the bed­room win­dow, and had come from a sin­gle gun. Defense coun­sel also ignored forty ali­bi wit­ness­es whom Williams and Myers had indi­cat­ed would be able to tes­ti­fy that they had been next door at a birth­day par­ty at the time the shoot­ing occurred. The defense pre­sent­ed no wit­ness­es. The first tri­al result­ed in a mis­tri­al. In the sec­ond tri­al, which last­ed two days, pros­e­cu­tors argued, with­out pre­sent­ing any sup­port­ing evi­dence, that the men com­mit­ted the mur­der because Jeannette Williams sup­pos­ed­ly owed them a $50 drug debt. The jury con­vict­ed Williams and Myers but rec­om­mend­ed that they be sen­tenced to life. Judge Cliff Shepard — a noto­ri­ous­ly harsh tri­al judge — over­rode the jury’s sen­tenc­ing rec­om­men­da­tion for Williams and sen­tenced him to death. Shepard accept­ed the life rec­om­men­da­tion for 18-year-old Myers.

Prosecutors began rein­ves­ti­gat­ing the case after new­ly elect­ed State Attorney Melissa Nelson cre­at­ed the first Conviction Integrity Unit in the state in 2018. The unit issued its report, authored by Conviction Integrity Review Director Shelley Thibodeau, in February. The report not­ed that no phys­i­cal evi­dence linked Williams or Myers to the shoot­ing and that the phys­i­cal and sci­en­tif­ic evi­dence actu­al­ly con­tra­dicts [Marshall’s] tes­ti­mo­ny about what hap­pened.” The report also found that anoth­er man, Nathaniel Lawson, had con­fessed to sev­er­al peo­ple that he had com­mit­ted the killings and that a 1976 police report not­ed his pres­ence near the crime scene around the time of the mur­der. Thibodeau con­clud­ed that “[t]he cul­mi­na­tion of all the evi­dence, most of which the jury nev­er heard or saw, leaves no abid­ing con­fi­dence in the con­vic­tions or the guilt of the defendants.” 

Williams had been try­ing unsuc­cess­ful­ly for years to get any­one inter­est­ed in the case, and respond­ed emo­tion­al­ly after the hear­ing. My moth­er died while I was on death row,” he told Florida Times-Union reporter Andrew Pantazi. Through tears, he said, I just want­ed to get out and see my kids. There wasn’t nobody but them.”

Twenty-nine wrong­ful­ly con­vict­ed death-row pris­on­ers have been exon­er­at­ed in Florida, the most in the nation. In 21 of the 23 Florida exon­er­a­tions for which the jury’s sen­tenc­ing vote is known, judges imposed the death penal­ty by over­rid­ing a jury rec­om­men­da­tion for life or fol­low­ing a non-unan­i­mous jury rec­om­men­da­tion for death. Florida now requires a unan­i­mous jury rec­om­men­da­tion before a judge can impose a death sentence.

(Andrew Pantazi, Jacksonville men freed 43 years after wrong­ful mur­der con­vic­tion, a first for a Florida con­vic­tion review unit, The Florida Times-Union, March 28, 2019; Mike Schneider, Florida man and nephew who spent 42 years in prison cleared of mur­der, Associated Press, March 28, 2019; Jim Piggott, Wrongly con­vict­ed of mur­der: 2 men freed after 42 years in prison, WJXT News4, Jacksonville, March 28, 2019.) See Innocence.

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