ST. LOUIS – A Missouri man set to be executed in one week continues to fight for his life after new DNA evidence showed he was nowhere near the murder scene. The appeal was filed Monday to the Missouri Supreme Court after a judge upheld the conviction and death sentence for 55-year-old Marcellus Williams.
“We are going to keep exploring every option we can to save his life,” St. Louis County Prosecuting Attorney Wesley Bell said.
Bell has been working to get Williams’ conviction overturned and death sentence set aside for the 1998 murder of Felicia Gayle.
“The statute that the legislature passed a few years ago, which allowed us and gave a standing to be able to bring these motions, was obviously key,” he said. “We did file that motion to vacate the original conviction and, unfortunately, the court ruled against our motion.”
READ the Innocence Project’s motion for relief on Williams’ behalf
An evidentiary hearing was held last month after prosecutors and Williams agreed to take an Alford plea to a charge of first-degree murder. That would have rescinded the death penalty for Williams and left him with a sentence of life in prison without parole.
Missouri Attorney General Andrew Bailey argued that the court doesn’t have the authority to overturn his conviction or resentence him.
“That would have given us the opportunity to continue the investigation and given the defendant his opportunity to appeal his innocence claims, the problem is that with the death sentence, obviously, we can’t undo that,” Bell said.
Despite evidence showing evidence was mishandled and contaminated, the judge ruled the sentence against Williams would stand.
“There are credible questions about the conviction, but also potential questions about actual innocence. And I just do not believe it serves the interest of justice to execute (Williams),” Bell said.
A petition for clemency has also been submitted to Missouri Governor Mike Parson by members of Gayle’s family, who oppose the execution.
It’s unclear if the execution will proceed.
