Marcellus Williams escapes death row; resentenced to life without parole

Marcellus Williams, a Missouri death row inmate, is set to be resentenced to life without parole following a consent judgment finalised on Wednesday, as announced by the St. Louis Prosecuting Attorney’s Office. Williams had been scheduled for execution in just over a month for the 1998 murder of Felicia Gayle, a crime he insists he did not commit.

The judgment requires Williams to enter an Alford plea, which allows him to maintain his innocence while acknowledging that going to trial is not in his best interest. On Thursday, Williams is expected to plead guilty to first-degree murder in Gayle’s killing, according to a spokesperson for the St. Louis Prosecuting Attorney’s Office, despite a previous statement suggesting he had already entered the plea on Wednesday.

Williams’ death sentence, initially set for September 24, has been vacated. The agreement anticipates a life imprisonment sentence without the possibility of parole, with sentencing scheduled for Thursday morning.

BREAKING: Marcellus Williams, convicted of the murder of a journalist in 1998 will have his death penalty punishment vacated.

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Details from St. Louis County Prosecutors office from today’s hearing. ⬇️ pic.twitter.com/wsDkDn4XAB

— Alexis Zotos (@alexiszotos) August 21, 2024

Williams’ attorney reiterated his innocence, stating that the plea agreement does not change that fact. Tricia Rojo Bushnell, representing Williams, mentioned that the Alford plea brings some closure to Gayle’s family while keeping Williams alive as they continue to seek new evidence to prove his innocence.

A hearing on Wednesday was set to present DNA evidence excluding Williams as the person who used the knife to kill Gayle. The Missouri Attorney General’s Office opposed both the motion to vacate Williams’ conviction and Wednesday’s judgment, arguing that the knife had been handled by many since its discovery.

Missouri Attorney General Andrew Bailey criticised the defence, claiming they created a false narrative of innocence. He argued that the defence’s own DNA evidence showed an investigator had handled the knife without gloves, countering claims that DNA evidence proved Williams did not commit the murder.

Williams has consistently maintained his innocence in the fatal stabbing of Gayle, a former reporter for the St. Louis Post-Dispatch. In 2017, the newspaper described her as a kind woman who had left her job to volunteer full-time.

Marcellus Williams is on death row, despite being factually innocent – Missouri AG Andrew Bailey still wants to k*ll him. pic.twitter.com/zs4aPwlWII

— Nik Starow (@StarowNiklas) August 4, 2024

Felicia Gayle’s family had expressed a desire for the death penalty not to be carried out and for finality in the case, as noted in the judgment. Williams’ attorneys argue that no forensic evidence connects him to the crime scene, and DNA evidence further supports his claim of innocence.

The issue of wrongful convictions and the risk of executing an innocent person has been highlighted, with at least 200 people exonerated from death row since 1973, including four in Missouri.

St. Louis Prosecuting Attorney Wesley Bell, who recently defeated US Rep. Cori Bush in a Democratic primary, had filed a motion to vacate Williams’ conviction and death sentence in January. Bell, who took office in 2018, did not handle Williams’ 2001 trial.

The Attorney General’s Office opposed the motion and sought to prevent the St. Louis County Circuit Court from reviewing the evidence, arguing that the state Supreme Court had already rejected the claims. However, the Missouri Supreme Court denied this request.

Williams’ conviction was based mainly on testimony from two informants, deemed unreliable and incentivised by a $10,000 reward offered by Gayle’s family. DNA evidence that now questions Williams’ guilt was not available during his trial.

Former Governor Eric Greitens had stayed Williams’ execution in 2017 and appointed a board to review new evidence, including DNA. After Greitens resigned, Governor Mike Parson dissolved the board and lifted the stay, leading Attorney General Bailey to request a new execution date.

The case has highlighted issues within the justice system, with Gayle’s family expressing frustration over the slow process and the media attention. Gayle was killed in her home in University City, Missouri, on August 11, 1998, stabbed 43 times with a kitchen knife.

Investigators found hair, footprints, and fingerprints at the scene that did not belong to Gayle or her husband. The investigation initially struggled, leading Gayle’s family to offer a reward, which eventually led to informants coming forward.

The first informant, Henry Cole, claimed Williams confessed to the murder while in prison, but his statements were inconsistent. Williams’ former girlfriend, Laura Asaro, also provided testimony after being promised leniency and eligibility for the reward, but her statements also contained inconsistencies.

None of the physical evidence from the crime scene linked Williams to the murder. Picus’ missing laptop was found with a man who claimed he received it from Williams, but this statement was not heard by jurors.

The DNA evidence now central to Williams’ innocence claim was ordered for testing in 2015, but the state Supreme Court declined to halt Williams’ execution without a hearing in 2017. DNA experts have since stated that the results exclude Williams as the source of the male DNA found on the knife.