A St. Louis County, Missouri, judge upheld the murder conviction of Marcellus Williams, ruling that a prosecutor who contaminated key evidence by handling it without wearing gloves before Williams’s trial had not acted in “bad faith,” but instead was merely following his normal procedure.
The ruling, issued on Thursday by Circuit Court Judge Bruce Hilton, dismantles Williams’s latest attempt to prove his innocence and paves the way for his execution on September 24. “There is no basis for a court to find that Williams is innocent,” Hilton wrote. “Williams is guilty of first-degree murder, and has been sentenced to death.”
The ruling comes three weeks after the judge had agreed to a deal between Williams and St. Louis County Prosecuting Attorney Wesley Bell’s office that would have spared Williams’s life. The agreement, which would have seen Williams sentenced to life in prison, was based on the recent discovery that prosecutors had failed to adequately preserve the murder weapon used to kill Felicia Anne Gayle Picus in 1998.
Lawyers representing Attorney General Andrew Bailey scoffed at the deal, arguing that Hilton didn’t have the right to resentence Williams. Bailey ran to the Missouri Supreme Court to stop the proceeding, which it did, ordering Hilton to hold an evidentiary hearing instead.
In a statement following the ruling, Tricia Rojo Bushnell, executive director of the Midwest Innocence Project and one of Williams’s attorneys, emphasized how rare and meaningful it was for Bell’s office to seek to vacate Williams’s conviction. “The decision of a prosecutor to move to vacate a murder conviction and death sentence is not done lightly,” she said, but Bell had done so because “there is overwhelming evidence that Marcellus Williams’s trial was unconstitutionally unfair, including revelations that the State contaminated the most critical evidence in the case — the murder weapon.
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