JEFFERSON CITY — The Missouri Supreme Court is reviewing Gov. Mike Parson’s decision last summer to scrap an order halting the execution of a man convicted in the 1998 murder of a former Post-Dispatch reporter.
Attorneys for Marcellus Williams sued Parson in August, challenging Parson’s move to rescind a previous stay of execution and dissolve a Board of Inquiry that had been looking into his case.
Williams had previously been convicted in the 1998 murder of Lisha Gayle in her University City home.
Cole County Circuit Judge Cotton Walker previously denied the governor’s request to throw out Williams’ case.
But the Supreme Court eventually issued a preliminary order in Parson’s favor. The court was weighing final action on Wednesday, and did not issue a decision, which could send the matter back to the circuit court for further action.
People are also reading…
Former Gov. Eric Greitens initially issued the stay of execution in August 2017 and appointed a Board of Inquiry to investigate Williams’ case in light of an “inconclusive†DNA test.
In dissolving the Board of Inquiry, made up of five former judges, Parson didn’t say what the board recommended. The board, per state , is able to compel information from others, and the law says the governor shall hold in “strict confidence†all information the board gathers.
But in legal filings, Williams’ attorneys allege Parson dissolved the board before it had completed its report and made its recommendation, something he could not do.
“The Governor has refused to answer this allegation,†their brief says. “The Governor’s non-compliance ... is deemed an admission of this allegation.â€
Jonathan Potts, representing Williams on Wednesday, said that in addition to appointing a board and expecting its recommendation, Greitens also granted a stay of execution until a final determination was made on clemency.
“The political accountability for the appointment of the Board of Inquiry rests with Governor Greitens, not Governor Parson,†Potts said.
“The position that we’re taking here is meant to protect every governor,†he said. “When they make the decision that they are going to actually provide executive clemency, it will be honored by subsequent administrations.â€
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€
Potts said he believed the governor still had the authority to replace members of the Board of Inquiry, or to file a writ of mandamus to force it to make a decision.
Wednesday’s 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 has been assigned to ºüÀêÊÓƵ County Circuit Judge Bruce Hilton. The Missouri attorney general’s office has filed said in court documents it intends to oppose Bell’s motion.