JEFFERSON CITY — The Missouri Supreme Court said Tuesday Gov. Mike Parson was within his authority when he allowed the execution of a death row inmate to move forward.
Parson, a Republican, last year rescinded a stay of execution in the case of Marcellus Williams, convicted in the 1998 murder of former Post-Dispatch reporter Lisha Gayle in University City.
Then-Gov. Eric Greitens, Parson’s predecessor, pressed pause on Williams’ planned execution in 2017, appointing a Board of Inquiry to investigate Williams’ case in light of an “inconclusive†DNA test.
Parson dissolved the Board of Inquiry last June and lifted the stay of execution.
Attorneys for Williams sued. They alleged Parson dissolved the board before it had completed its report and made its recommendation, something he could not do.
People are also reading…
Jonathan Potts, representing Williams, said Greitens granted a stay until a final determination on clemency had been reached.
“The political accountability for the appointment of the Board of Inquiry rests with Governor Greitens, not Governor Parson,†Potts said at the state Supreme Court in April.
But Michael Spillane, representing the governor’s office, said the other side was arguing it was doing the governor a favor “by saying that this board essentially has veto power over the governor’s ability to ever grant clemency.â€
The Supreme Court sided with Parson on Tuesday, saying the governor has “exclusive constitutional authority to grant or deny clemency and Williams has no statutory or due process right to the board of inquiry process.â€
All seven members of the high court signed onto the opinion. The court also issued a warrant Tuesday ordering Williams to be executed in the 24-hour period starting at 6 p.m. on Sept. 24.
“Governor Parson’s authority in this matter was clear, as affirmed by the Supreme Court of Missouri today,†Johnathan Shiftlett, spokesman for Parson, said in an email Tuesday.
The case is separate from an effort by ºüÀêÊÓƵ County Prosecuting Attorney Wesley Bell, who has filed a motion to try to overturn Williams’ conviction. That case was still pending as of Tuesday.
Williams’ legal team expressed disappointment in the court’s Tuesday decision but said “this injustice can still be righted.â€
“We look forward to presenting the evidence of his innocence in court alongside ºüÀêÊÓƵ County Prosecutor Wesley Bell,†attorneys said in a statement.
Williams, 55, is currently incarcerated at the Potosi Correctional Center in Mineral Point.