CBS News
Judge rejects attempt to free Marcellus Williams, Missouri inmate facing execution
A judge on Thursday declined to vacate the conviction and sentence of Marcellus Williams, a condemned inmate in Missouri whose execution is scheduled for later this month. Williams’ case has drawn national attention as he faces the death penalty over the stabbing death of a woman in 1998, despite doubts about DNA evidence on the knife used in the attack and longstanding questions about whether his original trial was fair.
“Every claim of error Williams has asserted on direct appeal, post-conviction review, and habeas review has been rejected by Missouri’s courts,” wrote St. Louis County Circuit Judge Bruce Hilton. “There is no basis for a court to find that Williams is innocent, and no court has made such a finding. Williams is guilty of first-degree murder, and has been sentenced to death.”
Attorneys for Williams, the St. Louis County Prosecuting Attorney’s Office and the Missouri Attorney General’s Office did not respond to messages left Thursday seeking comment. Williams’ lawyers are expected to request clemency from Republican Gov. Mike Parson and could appeal further.
The latest decision came after the Missouri Supreme Court in August blocked an agreement that could have spared Williams’ life, instead calling a hearing to proceed on his innocence claim. Williams, now 55, has since his conviction maintained his innocence in the killing of Lisha Gayle, a social worker and former reporter for the St. Louis Post-Dispatch, who was found stabbed to death in her home in August 1998. He is set to be executed by lethal injection on Sept. 24.
Missouri Department of Corrections via AP
Hilton presided over an evidentiary hearing last month challenging Williams’ guilt, following his approval of a plan that allowed Williams to enter a new no-contest plea to first-degree murder. The inmate’s lawyers at the time said that he maintained his innocence but the plea acknowledged that evidence was sufficient for a conviction.
In January, Democratic St. Louis County Prosecuting Attorney Wesley Bell cited questions about DNA evidence on the murder weapon in seeking a hearing to consider vacating Williams’ conviction. Bell said the evidence indicated that someone else’s DNA was on the butcher knife used to kill Gayle, and he had asked the judge to vacate Williams’ murder conviction based on that testing.
Bell brought the challenge under a 2021 Missouri law that allows prosecutors to ask a court to review a conviction they believe is unjust. That and the setting of an execution date saw Williams facing the prospect of everything from having his conviction overturned and being set free, to having it confirmed and facing pending execution.
Despite Bell’s motion, the Missouri Supreme Court in June set the Sept. 24 execution date. An initial August hearing date was set on the motion by Bell involving questions over that DNA evidence, but just before it was set to take place, a new report revealed that the DNA evidence was contaminated because officials in the St. Louis County Prosecuting Attorney’s Office touched the knife without gloves before the original trial in 2001.
With the DNA evidence spoiled, lawyers working on behalf of Williams from the Midwest Innocence Project reached a compromise with the prosecutor’s office: Williams would enter a new, no-contest plea to first-degree murder in exchange for a new sentence of life in prison without parole.
Hilton signed off on the agreement. So did Gayle’s family. But the Missouri Attorney General’s Office did not.
At Republican Attorney General Andrew Bailey’s urging, the Missouri Supreme Court blocked the agreement and ordered Hilton to proceed with the evidentiary hearing on Aug. 28.
An attorney for Williams, Jonathan Potts, said during the hearing that the mishandling of the murder weapon was devastating for Williams because it “destroyed his last and best chance” to prove his innocence.
Jim Salter / AP
Hilton, in his ruling, agreed.
“In light of this report, (Williams) cannot demonstrate that the genetic material on the knife handle can form a basis for a ‘clear and convincing showing’ of Williams’ innocence,” Hilton wrote.
Assistant Attorney General Michael Spillane said other evidence pointed to his guilt.
“They refer to the evidence in this case as being weak. It was overwhelming,” Spillane said at the hearing.
Prosecutors at Williams’ original trial said he broke into Gayle’s home on Aug. 11, 1998, heard water running in the shower, and found a large butcher knife. When Gayle came downstairs, she was stabbed 43 times. Her purse and her husband’s laptop were stolen.
Authorities said Williams stole a jacket to conceal blood on his shirt. Williams’ girlfriend asked him why he would wear a jacket on a hot day. The girlfriend said she later saw the laptop in the car and that Williams sold it a day or two later.
Prosecutors also cited testimony from Henry Cole, who shared a cell with Williams in 1999 while Williams was jailed on unrelated charges. Cole told prosecutors Williams confessed to the killing and offered details about it.
Williams’ attorneys responded that the girlfriend and Cole were both convicted felons out for a $10,000 reward.
Three other men — Christopher Dunn, Lamar Johnson and Kevin Strickland — have been freed after decades in prison under the 2021 Missouri law.
Williams has been close to execution before. In August 2017, just hours before his scheduled death, then-Gov. Eric Greitens, a Republican, granted a stay after reviewing the same DNA evidence that spurred Bell’s effort to vacate the conviction.
A rising star in Missouri Democratic politics, Bell defeated incumbent U.S. Rep. Cori Bush in a primary this month and is heavily favored in the November general election.
Williams is Black and at the hearing, the man who prosecuted him, Keith Larner, was asked why the trial jury included just one Black juror. Larner said he struck just three potential Black jurors, including one who he said looked like Williams.
Williams’ trial attorney, Joseph Green, told Hilton that when Williams was tried, he also was representing a man who killed his wife and injured several others in a St. Louis County courthouse shooting in 1992. That case took time away from working on Williams’ defense, Green said at the hearing.
“I don’t believe he got our best,” said Green, now a judge.
The mother of the embattled hip-hop mogul Sean “Diddy” Combs released a statement Sunday defending her son against the criminal charges and multiple allegations of sexual misconduct he is currently facing while in federal custody in New York.
Combs, 54, has been detained at the Metropolitan Detention Center in Brooklyn since pleading not guilty on Sept. 17 to federal charges of sex trafficking, racketeering conspiracy and transportation to engage in prostitution.
In a statement released through her lawyers, Janice Smalls Combs says it has been “unbearable” to witness “what seems to be like a public lynching of my son before he has had the opportunity to prove his innocence.”
She then mentions that her son “has made mistakes in his past” and refers to an episode caught on security video that appeared to show Combs attacking singer Cassie, his former girlfriend, in a Los Angeles hotel hallway in 2016. In May, Combs apologized for the incident, saying his behavior was “inexcusable” and that he took “full responsibility” for his actions.
In November, Cassie, whose legal name is Casandra Ventura, filed a lawsuit accusing Combs of rape and abuse during their relationship; he denied the accusations. They reached a settlement the following day.
The indictment against Combs refers to the incident caught by the hotel security cameras. According to the indictment, Combs attempted to bribe a hotel security staff member who intervened in the incident to keep them quiet.
“My son may not have been entirely truthful about certain things, such as denying he has ever gotten violent with an ex-girlfriend when the hotel’s surveillance showed otherwise,” Janice Smalls Combs says in the statement. “Sometimes, the truth and a lie become so closely intertwined that it becomes terrifying to admit one part of the story, especially when that truth is outside the norm or is too complicated to be believed. This is why I believe my son’s civil legal team opted to settle the ex-girlfriend’s lawsuit instead of contesting it until the end, resulting in a ricochet effect as the federal government used this decision against my son by interpreting it as an admission of guilt.”
She adds that it has been “agonizing” to see people joke about her son’s situation “over lies and misconceptions.”
At the end of the statement, she asks fans and the public “to not judge him before you’ve had the chance to hear his side.”
“My son is not the monster they have painted him to be,” she says. “I can only pray that I am alive to see him speak his truth and be vindicated.”
In the indictment, prosecutors allege that since 2008 Combs has been part of a criminal organization that engaged in or attempted to engage in sex trafficking, forced labor, kidnapping, arson, bribery, obstruction of justice and other offenses.
Prosecutors accused Combs of using his business empire as a criminal enterprise to conceal his alleged abuse of women at events Combs referred to as “Freak Offs.”
“The ‘Freak Offs’ sometimes lasted days at a time, involved multiple commercial sex workers and often involved a variety of narcotics, such as ketamine, ecstasy and GHB, which Combs distributed to the victims to keep them obedient and compliant,” U.S. Attorney Damian Williams, of the Southern District of New York, told reporters when the indictment was unsealed.
On Oct. 1, Texas attorney Tony Buzbee said he was representing 120 accusers who have come forward with new sexual misconduct allegations against Combs. Buzbee said he expects lawsuits to be filed within the next month. Buzbee described the victims as 60 males and 60 females, and that 25 were minors at the time of the alleged misconduct.
Watch CBS News
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.
After days of uncertainty, the Federal Aviation Administration announced Sunday that SpaceX had been cleared to press ahead with the planned Monday launch of the European Space Agency’s $398 million Hera asteroid probe, stormy weather permitting.
With forecasters calling for an 85% chance of thick clouds and showers that would trigger a delay, Hera’s launch atop a Falcon 9 rocket from pad 40 at the Cape Canaveral Space Force Station is targeted for 10:52 a.m. EDT Monday. The forecast is 75% “no-go” if launch is delayed to Tuesday.
“The last hurdle is the weather. So, please, please, I need you to do something about it!” Hera project manager Ian Carnelli joked with reporters Sunday. “It’s the only thing I really cannot control. … It looks like we have some opening around the time of launch, but it’s really impossible to say at the moment.”
ESA
Hurricane Milton, meanwhile, poses threats throughout the week as the cyclone is expected to cross the Florida peninsula Wednesday and move out over the Atlantic Ocean near Florida’s Space Coast.
Launch of NASA’s $5.2 billion Europa Clipper mission, which had been planned for Thursday from the Kennedy Space Center, has been put on hold pending passage of the storm.
“The safety of launch team personnel is our highest priority, and all precautions will be taken to protect the Europa Clipper spacecraft,” said Tim Dunn, a senior launch director with NASA’s Launch Services Program.
“Once we have the ‘all-clear’ followed by facility assessment and any recovery actions, we will determine the next launch opportunity.”
Likewise, the return to Earth of three astronauts and a Russian cosmonaut aboard a SpaceX Crew Dragon ferry ship has been delayed by predicted bad weather.
Crew 8 commander Matthew Dominick, Mike Barratt, Jeanette Epps and cosmonaut Alexander Grebenkin, launched to the International Space Station last March. They had planned to undock Monday, returning to Earth to close out a 217-day mission.
National Weather Service
But NASA announced Sunday their departure would be delayed to at least Thursday because of expected bad weather. Crew Dragon ferry ships require calm winds and seas in the Gulf of Mexico or the Atlantic Ocean to permit a safe splashdown.
As for the Falcon 9, the FAA clearance only applied to the Hera launch while the agency continues overseeing an investigation into what caused a Falcon 9 second stage to malfunction Sept. 28 and miss its targeted re-entry point into Earth’s atmosphere over the Pacific Ocean.
SpaceX routinely sends spent second stages into the atmosphere for destructive breakups at the end of their missions to prevent possible collisions or other problems that might add to the space debris already in low-Earth orbit.
The FAA wants to make sure the problem is understood and corrected so future re-entries are carried out as planned, ensuring any debris that survives re-entry heating will splash down harmlessly in targeted ocean impact “footprints,” well away from shipping lanes and populated areas.
The second stage being used for the Hera mission will boost the space probe into deep space, using all of its propellant in the process. It will not return to Earth, so a malfunction, should one occur, would pose no safety threat.
“The FAA has determined that the absence of a second stage reentry for this mission adequately mitigates the primary risk to the public in the event of a reoccurrance of the mishap experienced with the Crew-9 mission,” the agency said in a statement, referring to the most recent Falcon 9 flight.
NASA
“Safety will drive the timeline for the FAA to complete its review of SpaceX’s Crew-9 mishap investigation report and when the agency will authorize Falcon 9 to return to regular operations,” the statement concluded.
The FAA did not address plans to launch the Europa Clipper atop a Falcon Heavy rocket Thursday for its long-awaited mission to Jupiter and its ice-covered moon Europa.
Like the Hera mission, the Clipper’s upper stage, the same one used for all Falcon-family rockets, will not return to Earth. Instead, it will burn all of its propellants to accelerate the probe to an Earth-escape velocity of 25,000 mph.
But FAA clearance to proceed, assuming it comes in time, likely will be a moot point, at least in the near term. It is unlikely the Clipper and its Falcon Heavy rocket will be moved to the Kennedy Space Center launch pad until after Milton has passed through the area.
