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State & Federal

Missouri

News & Developments


News

Nov 30, 2023

DPIC to Release New Report on How the History of Racial Violence and Discrimination Have Shaped the Death Penalty in Missouri

Tomorrow, the Death Penalty Information Center will release a report that doc­u­ments how racial bias and vio­lence affect­ed the past use of the death penal­ty in Missouri and how that his­to­ry con­tin­ues to influ­ence the cur­rent admin­is­tra­tion of cap­i­tal pun­ish­ment in the state. Compromised Justice: How A Legacy of Racial Violence Informs Missouri’s Death Penalty Today, sched­uled for release on December 1, 2023, notes that his­tor­i­cal­ly and into the present day, Missouri’s death penal­ty has been applied dis­crim­i­na­to­ri­ly based on race. 

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Nov 10, 2023

A Veterans Day Review: Uneven Progress Understanding the Role of Military Service in Capital Crimes

In 2015, DPIC’s Battle Scars report brought world­wide atten­tion to the issue of mil­i­tary vet­er­ans on death row. DPIC found approx­i­mate­ly 300 vet­er­ans incar­cer­at­ed under a sen­tence of death, rep­re­sent­ing at least 10% of death row, and many more who had been exe­cut­ed. Since that report, research and under­stand­ing about Post-Traumatic Stress Disorder (PTSD), trau­mat­ic brain injury (TBI), sub­stance use dis­or­ders, and men­tal ill­ness among vet­er­ans has only grown. A 2023 sur­vey of mem­bers of the Wounded Warrior Project found that 76% of ser­vice­mem­bers who incurred a men­tal or physical…

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Sep 13, 2023

When Jurors Do Not Agree, Should a Death Sentence Be Imposed?

In most states, a death sen­tence may only be imposed by a jury in unan­i­mous agree­ment. But in two recent cas­es, defen­dants faced the pos­si­bil­i­ty of a death sen­tence despite the objec­tions of jurors. 

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Aug 07, 2023

Religious Leaders Explain Why They Minister to Death-Sentenced Prisoners During Executions

Reverend Melissa Potts-Bowers, the spir­i­tu­al advi­sor to Michael Tisius, recent­ly described her expe­ri­ence min­is­ter­ing to him dur­ing his exe­cu­tion as ​“quite hor­ri­fy­ing — as it’s intend­ed to be.” Mr. Tisius was exe­cut­ed by the state of Missouri on June 6, 2023.

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Aug 01, 2023

8th Circuit Lift Stay of Execution for Death-Sentenced Missouri Prisoner with Schizophrenia

On July 29, 2023, the 8th Circuit Court of Appeals lift­ed a tem­po­rary stay of exe­cu­tion that had been issued for Johnny Johnson, a death-sen­tenced pris­on­er in Missouri. Mr. Johnson’s attor­neys allege that he is insane and there­fore inel­i­gi­ble for exe­cu­tion. Barring a last-minute stay from the U.S. Supreme Court, Mr. Johnson will be exe­cut­ed by lethal injec­tion on August 1, 2023, for the 2002 killing of 6‑year-old Casey Williamson.

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Jul 07, 2023

Missouri Governor Lifts Stay of Execution for Marcellus Williams, Ending Inquiry of Innocence Claim

On June 29, 2023, Missouri Governor Mike Parson (pic­tured) lift­ed the stay of exe­cu­tion for Marcellus Williams, a death-sen­tenced pris­on­er con­vict­ed of mur­der­ing Felisha Gayle, a for­mer St. Louis Post-Dispatch reporter in 1998. Governor Parson also dis­solved the Board of Inquiry, a judi­cial pan­el appoint­ed by for­mer Missouri Governor Eric Greitens to review evi­dence of inno­cence and pro­vide rec­om­men­da­tions on Mr. Williams’s appli­ca­tion for exec­u­tive clemency.

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Jun 06, 2023

Jurors Who Sentenced Michael Tisius to Death Express Regret

Four jurors and two alter­nates from the 2010 tri­al of Michael Tisius have said in affi­davits that they would sup­port clemen­cy in his case. Mr. Tisius is sched­uled to be exe­cut­ed in Missouri on June 6, 2023. In his clemen­cy peti­tion, and in inter­views with the New York Times, the jurors said that mit­i­gat­ing evi­dence that was not pre­sent­ed at tri­al would have altered their sen­tenc­ing deci­sions. (The image to the left is art cre­at­ed by Mr. Tisius and includ­ed in his clemen­cy petition.)

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May 19, 2023

Missouri Clemency Petition Highlights Prisoner’s Extraordinary Artwork

UPDATE 2: On June 2, 2023, the U.S. Court of Appeals for the Eighth Circuit lift­ed the stay that had been imposed by the U.S. District Court, say­ing that the low­er court did not have juris­dic­tion to order the stay.

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Feb 03, 2023

POSSIBLE INNOCENCE: New Evidence Regarding Missouri Man Facing Execution

Leonard Taylor (pic­tured) is a Missouri death-row pris­on­er who was con­vict­ed in 2008 of a quadru­ple mur­der that occurred in St. Louis in December 2004. His exe­cu­tion is sched­uled for February 7, 2023. Taylor has con­sis­tent­ly main­tained his inno­cence. Although Taylor’s attor­neys have dis­cov­ered new evi­dence to sub­stan­ti­ate his claim, St. Louis County Prosecuting Attorney Wesley Bell announced that he would not ask a judge to hold an evi­den­tiary hear­ing in the case.

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Dec 27, 2022

Missouri Set to Execute Amber McLaughlin on January 3 in First U.S. Execution of a Transgender Person

On January 3, 2023, Missouri is set to exe­cute Amber McLaughlin (pic­tured), the first trans­gen­der per­son sched­uled to be put to death in the United States.

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Dec 06, 2022

Midterm Elections: Moratorium Supporters, Reform Prosecutors Post Gains Despite Massive Campaign Efforts to Tie Reformers to Surge in Violent Crime

In a year that fea­tured mas­sive cam­paign adver­tis­ing attempt­ing to por­tray legal reform­ers as respon­si­ble for increas­es in vio­lent crime, can­di­dates com­mit­ted to crim­i­nal legal reform or who promised to con­tin­ue statewide mora­to­ria on exe­cu­tions post­ed key elec­tion wins in the 2022 midterm elec­tions. Defying a pre-elec­tion nar­ra­tive fore­cast­ing a back­lash against pro­gres­sive pros­e­cu­tors and con­ven­tion­al wis­dom that fear of crime dri­ves polit­i­cal out­comes, reform pros­e­cu­tors were re-elect­ed to office and gained new footholds in coun­ties across the country.

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History of the Death Penalty

The death penalty was first used in Missouri in 1810 when Peter Johnson was hanged for murder. Missouri carried out a total of 285 executions from 1810 to 1965. Hanging was the primary method of execution until 1936, when lethal gas came into use from 1937 until 1987. Starting in 1987, lethal injection was added as an option for inmates in addition to lethal gas.

Timeline

1989 - In Wilkins v. Missouri, the U.S. Supreme Court finds that capital punishment imposed on a person for a crime committed at 16 or 17 does not constitute cruel and unusual punishment under the 8th amendment. This decision was reached in consolidation with the case of Stanford v. Kentucky.

2001 - Missouri is the 16th state to ban the execution of prisoners with intellectual disabilities. This bill is not retroactive for those currently on death row.

2003 - Joseph Amrine is exonerated after spending 17 years on death row.

2005 - In Roper v. Simmons, the U.S. Supreme Court rules that the execution of those under the age of 18 at the time of their crime is unconstitutional.

2007 - The Missouri legislature defeats a bill that would have made the death penalty a mandatory sentence for those who murder law enforcement officers.

2011 - Governor Jay Nixon commutes the sentence of Richard Clay.

2012 - The Missouri Department of Corrections announces it is switching from a three-drug lethal injection protocol to a single-drug method involving Propofol. Missouri’s written protocol does not require a physician to be present on the execution team.

2012 - The United States’ main suppler of propofol announces it will not allow the drug to be sold for executions. Fresenius Kabi USA, a German-based company with offices in Illinois, will not accept orders for propofol from any departments of justice in the United States.

2014 - An investigation by St. Louis Public Radio and the St. Louis Beacon found that the source of Missouri’s lethal injection drug, pentobarbital, is a compounding pharmacy in Oklahoma that is not licensed to sell drugs in Missouri.

2015 - Missouri carries out the execution of Cecil Clayton, a brain-damaged man with an IQ of 71, without a hearing to determine his competency.

2016 - Cole County, Missouri Circuit Judge Jon Beetem rules that Missouri must release the names of pharmacies that provide drugs for lethal injection.

2018 - Missouri Judge Kelly Wayne Parker imposes the death penalty on Marvin Rice, disregarding the near-unanimous jury vote to spare his life. Four months later, Missouri Judge Thomas Mountjoy sentences Craig Wood to death after a non-unanimous jury vote.

2019 - In Bucklew v. Precythe, the U.S. Supreme Court holds that any challenges to the state’s method of execution on the basis of excessive pain must include alternative methods of execution that are less painful. The court affirm that the 8th Amendment does not guarantee a painless death and only punishments that “intensify the sentence of death” with a “superaddition of terror, pain, or disgrace” can be classified as cruel and unusual.

2023 - Missouri carries out the first known execution of an openly transgender woman, Amber McLaughlin.

Famous Cases

Roper v. Simmons (2005): Christopher Simmons was 17 years old when he and two other teenagers, broke into the home of Shirley Crook, kidnapped her, and pushed her off a bridge into the Meremac River. Simmons bragged about the murder to friends, and eventually confessed to police. He was convicted of the crime and sentenced to death. Simmons appealed the death sentence on the basis that he was only 17 years old at the time of the crime, and the execution of a juvenile was cruel and unusual punishment in violation of the Eighth Amendment. The Missouri Supreme Court ruled in favor of Simmons, overturning his death sentence and sentencing him to life in prison without parole. The State of Missouri appealed the case to the U.S. Supreme Court. The Court ruled that execution of individuals who were under 18 at the time of their crime was unconstitutional. In its decision, the Court noted a “national consensus” against the practice of executing juvenile offenders; just 20 states allowed the juvenile death penalty by statute, and only 3 had executed a juvenile offender in the last 10 years.

Notable Exonerations

Joseph Amrine was serving time for robbery and burglary in Missouri State Penitentiary when he was accused of stabbing fellow inmate Gary Barber, in 1986. No physical evidence linked Amrine to the crime, and he was convicted primarily based on tesimony from other inmates and was sentenced to death. Amrine appealed his death sentence and the Missouri Surpreme Court found “clear and convincing evidence of actual innocence.” Three inmates who had previously testified recanted their statements, saying they lied in exchange for protection. Six other inmates testified to seeing Amrine playing cards at the time of the murder. The court ordered that Amrine be released within 30 days unless he was charged with another crime. Missouri prosecutor Bill Tackett brought new murder charges on Amrine, but dropped the charges a month later after DNA tests conducted on blood stains from the crime were inconclusive. Amrine was freed in August 2003.

Notable Commutations/Clemencies

Darrell Mease was convicted and sentenced to death for the murder of his former drug partner, Lloyd Lawrence, Lawrence’s wife, and Lawrence’s grandson. He was scheduled to be executed in 1999. Pope John Paul II was visiting Missouri at the time and made a personal plea to Governor Carnahan to grant Mease mercy. The day before Mease’s execution, Governor Carnahan granted Mease clemency, commuting his sentence to life without parole.

Jasper County Courthouse. Photo by Abe Ezekowitz.

Resources

  • American Bar Association Missouri Death Penalty Assessment Report
  • Department of Corrections
  • Missourians for Alternatives to the Death Penalty
  • Missouri Office of Prosecution Services
  • Public defender’s office
  • Victims’ services
  • Missouri Death Row
  • 2015 Annual Report from Missourians for Alternatives to the Death Penalty

Missouri Execution Totals Since 1976

View Information by State

Additional Information


  • Death Penalty: Yes
  • Number of Executions Since 1976: 94 state executions, 3 federal executions
  • Number of Executions Before 1976 (may include federal and military executions): 285
  • Current Death Row Population: 18
  • Women on Death Row: 0
  • Number of Innocent Persons Freed From Death Row: 4
  • Number of Clemencies Granted: 5
  • Date of Reinstatement (following Furman v. Georgia): September 28, 1975
  • First Execution After Reinstatement: 1989
  • Location of Death Row: Mineral Point (Women: Fulton)
  • Location of Executions: Eastern Reception, Diagnostic, and Correctional Center in Bonne Terre
  • Capital: Jefferson City
  • Region: Midwest
  • Population: 6,154,913*
  • Murder Rate (per 100,000 population): 9.25
  • Is Life Without Parole an Option: Yes
  • Can a defendant get death for a felony in which s/he was not responsible for the murder?: No
  • Method of Execution: Choice of lethal injection or gas
  • How is Sentence Determined?: Jury
  • Clemency Process: Governor has authority to grant clemency with nonbinding advice of Board of Pardons and Paroles
  • Governor: Michael Parson

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