Publications & Testimony

Executions in Oklahoma and Alabama, scheduled just hours apart on September 26, highlight issues of proportional sentencing and experimental methods of execution. Emmanuel Littlejohn, who was executed at 10:17am CT, had received a recommendation of clemency from Oklahoma’s Pardon and Parole Board because of conflicting evidence about whether he or a co-defendant actually killed the victim. Alan Miller, scheduled to be executed in the evening of September 26, survived a botched lethal injection…

On September 23, 2024, the Missouri Supreme Court heard oral arguments on the joint motion by Marcellus Williams’ legal team and St. Louis County Prosecuting Attorney (PA) Wesley Bell to overturn a lower court’s decision rejecting Mr. Williams’ appeal. Later the same day, the state supreme court unanimously denied the motion, stating that there was “no credible evidence of actual innocence or any showing of a constitutional error undermining confidence in the original judgment.” Also the same…

At 7:18pm ET, CNN reported that the state of Missouri executed Marcellus Williams by lethal injection. Justices Sotomayor, Jackson, and Kagan would have stayed the execution. Attorney Statement on the Pending Execution of Marcellus Williams “Tonight, Missouri will execute an innocent man, Marcellus “Khaliifah” Williams. The victim’s family opposes his execution. Jurors, who originally sentenced him to death, now oppose his execution. The prosecutor’s office that convicted and sentenced him…

On September 19, 2024, attorneys for Khalil Allah, formerly known as Freddie Eugene Owens, filed an emergency motion for a stay of execution after receiving a signed affidavit from his codefendant in the 1997 shooting death of Irene Graves that Mr. Allah “was not present” during the crime. Just two days ahead of Mr. Allah’s scheduled execution, Steven Golden, who was also charged in Ms. Graves’ death, recanted his trial testimony and said that Mr. Allah “is not the person who shot Irene Graves”…

In honor of Hispanic Heritage Month (Sept. 15-Oct. 15), DPI is posting a weekly feature on Hispanic or Latino/a people who have had a significant impact on the death penalty in the U.S. The first post in this series tells the story of Leonel Herrera, the defendant at the center of a key Supreme Court case on innocence. In 1993, the Supreme Court generated widespread outrage when it ruled in Herrera v. Collins that new evidence of actual innocence does not entitle a death-sentenced prisoner to…

On September 17, 2024, attorneys for Texas death row prisoner Robert Roberson filed a clemency petition accompanied by letters from hundreds of supporters, including eminent scientists and medical professionals, a bipartisan group of Texas legislators, and former lead Detective Brian Wharton, urging the Texas Board of Pardons and Paroles and Governor Greg Abbott to reduce Mr. Roberson’s sentence. Mr. Roberson is currently scheduled to be executed on October 17, 2024. He was convicted and…

“From start to finish, it is so badly broken that we cannot know whether someone who has been condemned to death is actually deserving of the ultimate penalty,” wrote former U.S. Magistrate Judge Andy Lester in a September 12, 2024 op-ed for The Oklahoman. Before carrying out any new executions, Mr. Lester calls on the state to implement new reforms to its “broken” capital punishment system. Although the Oklahoma Death Penalty Review Commission provided 45 specific recommendations and one…

The American Bar Association’s Criminal Justice Section has announced its forthcoming annual report, The State of Criminal Justice 2024, examining the state of the American criminal legal system. The annual publication includes a chapter devoted to significant developments in capital punishment, authored by Ronald J. Tabak, co-chair of the Death Penalty Committee of the ABA’s Section of Civil Rights and Social Justice and a longtime member of the Steering Committee of the ABA’s Death Penalty…

On September 12, 2024, the Missouri Circuit Court for St. Louis County denied Prosecuting Attorney (PA) Wesley Bell’s motion to vacate Marcellus Williams’ conviction and death sentence for the 1998 murder of Felicia Gayle. Judge Bruce F. Hilton denied PA Bell’s motion, writing that “there is no basis for a court to find that [Mr.] Williams is innocent, and no court has made such a finding.” Judge Hilton added that the court was not presented with evidence showing that the previous…

On September 11, 2024, the Texas Court of Criminal Appeals (TCCA) dismissed Robert Roberson’s request for habeas relief without reviewing the merits of any of his five claims, citing a failure to meet procedural requirements, despite the inclusion of new, previously unavailable medical and scientific evidence in the application. The TCCA also denied Mr. Roberson’s motion for a stay of execution, which remains scheduled for October 17, 2024.