Death by default
Missouri's execution chamber in Bonne Terre. Gabriel B. Tait/Post-Dispatch
Missouri Gov. Jay Nixon soon must decide whether to spare the life of a man on death row — or give the execution the green light. It’s the second time in less than a month he’s faced that decision.
Reginald Clemons has an execution date of June 17. A federal appeals court granted a stay on Friday as part of a case that broadly challenges Missouri’s system of lethal injections. But the stay could be lifted on short notice, and the execution could proceed.
Clemons was convicted as an accomplice to the murders of Julie and Robin Kerry, two sisters who were pushed to their deaths from the Chain of Rocks Bridge into the Mississippi River in 1991. Clemons was 19 at the time. He is not alleged to have planned or to have committed the murders.
One of the common laments about the criminal justice system is that criminals sometimes walk because of legal technicalities. The precise opposite is true in the Clemons case.
The crimes were horrific. But compelling reasons support granting clemency and commuting the death sentence to life without the possibility of parole: Reginald Clemons scheduled execution is based on a technicality.
Seven years ago, U.S. District Judge Catherine Perry vacated Clemons’ death sentence. She found a clear violation of constitutional law in how his jury had been selected. Six prospective jurors had wrongly been excluded from serving because they showed some ambivalence about applying the death penalty.
The court, in other words, concluded that the deck had been stacked against Clemons. This didn’t affect his conviction. He still would have been required to serve life in prison without the possibility of parole. The court simply held that the state can’t execute a man when he’s denied an impartial jury.
The U.S. Court of Appeals for the Eighth Circuit didn’t dispute Judge Perry’s analysis. The trial record suggested that Clemons had, indeed, been denied an impartial jury. Under ordinary circumstances, such an error is sufficiently egregious to warrant reversal of the death penalty.
The problem, according to the Missouri Supreme Court and two of the three members of the federal appeals court panel, was that Clemons’ lawyer failed to push enough paper to adequately “preserve” the constitutional violation for judicial review.
Never mind that the trial court erred, and that Clemons was denied an impartial jury on the issue of death. At this point, the technicality prevails and lethal injection may proceed.
A colleague, Post-Dispatch columnist Bill McClellan, calls this ruling “legal gobbledygook.” It’s much worse. It is grotesque, a shameful example of the state’s most somber function being relegated to a bureaucratic shuffle.
Josh Levine, a former federal prosecutor who took Clemons’ case pro bono, put it this way: “Anybody who is concerned about the rule of law and maintaining faith in our system should be deeply troubled by the prospect of Reggie being executed.”
We categorically oppose the death penalty, believing that it should be abolished as inherently capricious, inhumane and degrading to society.
The governor has been an aggressive proponent of the death penalty — vigorously defending its imposition even in cases involving offenders who were teenagers or who are alleged to be mentally retarded.
He argues that the jury system is our best means of discerning justice — even hard justice. But the jury pool in the Clemens case was infected. And the rule of law was perverted.
The hard justice in the Clemens case is that his life should be spared.
The guy in the photo looks like he’s quite proud of the execution chamber.
> We categorically oppose the death penalty, believing that it
> should be abolished as inherently capricious, inhumane and
> degrading to society.
It would be nice if you were so concerned about the actions of murderous thugs, who have made vast areas of the city virtually uninhabitable, and destroyed the lives of thousands of families. It is their deeds, and not our responses to them, which are inhumane and degrading to society.
> The hard justice in the Clemens case is that his life should be spared.
He should have thought of that before assisting in the brutal rape and murder of two innocent girls.
“disqualified after saying they would oppose the death penalty under certain circumstances”
— Bill McClellan
“because they showed some ambivalence about applying the death penalty”
— P-D Editor
To “oppose” & to have “some ambivalence” are not quite the same, are they?
How about some knee-jerk support for the victims for a change.
I look forward to the time when you also categorically oppose the death penalty for unborn babies.
“We categorically oppose the death penalty, believing that it should be abolished as inherently capricious, inhumane and degrading to society.”
Raping young girls and then throwing them off a bridge to their deaths is equally capricious, inhumane, and degrading to society. For that, Clemons should take his medicine.
We should adopt Singapore’s method of dealing with violent crimes, such as murder and rape They don’t execute anybody for doing anything. It works for them, and it would work for us.
“The U.S. Court of Appeals for the Eighth Circuit didn’t dispute Judge Perry’s analysis. The trial record suggested that Clemons had, indeed, been denied an impartial jury. Under ordinary circumstances, such an error is sufficiently egregious to warrant reversal of the death penalty.”
Fercrysakes, what’s the matter with you editorial writers? A juror who refuses to abide by the letter of the law as interpreted by the trial judge should be sent on their merry way. Must all jurors be accepted, even if they have a deeply held conviction that incarceration of a perpetrator for any length of time is a grievous and overwhelming inconvenience?
“…the deck had been stacked against Clemons.”
What an absurd notion. Clemons has legal counsel. The Kerry sisters had none. Clemons was granted a trial. The sisters were not. Clemons was condemned by a lawful jury. The sisters were condemned by lawless thugs. Clemons has had years to publicly plead for mercy. The sisters’ pleas were heard only by their tormenters and killers.
It’s too bad no one can ask Julie and Robin about a “stacked deck.” Of course the PD would not consider cherry picking jurors who don’t support capital punishment stacking the deck, would you?
Due to the unreasonable delays and roadblocks, capital punishment is no longer a deterrent to others. But it does guarantee the executed convict will never again participate in deliberately destroying innocent families.
Nixon won’t grant clemency to anybody soon.
He’s too weak, politically in “Missouruh”.
Regardless, he’s lost my vote.
How can we justify the white cousin confessing to the murders and then having the charges dropped? On top of that, the other white defendant got out of jail last year! If that doesn’t raise questions, then what does. Furthermore, there was no physical evidence. As Reggie himself stated, how can you take something that you can’t give back? Where’s the justic in that?
Please tell me why everything has to be about race. Why can it not just be about who was actually there and commited the crime? This case is not about black and white. It’s about 2 young girls that were raped and murdered.
Everyone keeps preaching about being treated equally and blah, blah, blah. Then stop using race as a defense. You could be purple for all I care. If you commit rape and murder you need to be punished. If a jury of your peers decides that the death penalty is your punishment, then take it like a man and stop crying about the fact that you were born with darker skin than the next guy.
The “because I’m black” defense is getting really old.
What about justice for Julie and Robin? Did they have a choice? He shouldn’t even be allowed to breathe our air. They sure can’t. An eye for an eye …………
It is about race and economic standing. Look at the facts. Blacks and the poor are much more likely to get harsher sentences.
Further, to all of you acting like a lynch mob, what makes you so sure that he is guilty? So he had a trial? Look at how many African Americans are being set free for rape because of DNA tests that were not available when they were convicted.
I am saddened that you all are so narrow minded.
The Courts in many cases are afraid to do the right thing. Reggie’s case is no different, fear has paralyzed them unfortunately. With this huge spectrum of doubt about his guilt to begin with. The duty of these courts is that they uphold the rule of law. If the jury pool was tainted due to jurors having some reservations about applying the death penalty. And they were struck for cause. Doesn’t that mean those jurors who are considered “death qualified” jurors get struck for the same cause to make this system of justice fair in the adversarial process? Reggie has been denied fundamental fairness and due process of law on that point alone. I spent 24 years in a Missouri State Prison for a murder that I did not commit and I was exonerated August 2008. July 2002, the 8th Circuit Court of Appeals opinion stated in my case. I Quote, “We believe the State of Missouri convicted an innocent man. Due to impediments erected by Courts and by Congress we are precluded from going into the merits of Burton’s claim of innocence. With no small degree of reluctance we deny Burton the Writ…. However, we hope through the (Executive or Judicial) process the State of Missouri take a second look at Burton’s case.” These kinds of rulings make absolutely no sense whatsoever and they are designed to simply pass the legal buck to the next courtroom in an effort to dodge those constitutional responsibilities those in judicial authority have been sworn to uphold. This man life hangs in the balance literally and seeing no one has taken the lead in this case, is an extreme example of cowardice. I know if one of their sons or daughters was in this situation, they (meaning the court officials in power) would move heaven and earth to get their loved one out of that hell hole.
Our legal system is ridiculously disgusting….there are too many cases like this one that goes unheard/seen and has a consequence of a life being lost, because our legal system is so engrossed in “teaching a lesson” aka an “an eye for an eye” towards the convicted/wrongful convicted persons. The authorities/the legal system are not always concerned about finding “the right person” but simply, a person to pend a case or crime on in order to say that “justice has been served!!” Things NEED to change!!!!!!!!!!!!!!!
Based on the facts of this case it may indeed justify a commuted sentence. But the larger issue of the morality of the death penalty is a constant one. I would propose that NOT imposing the death penalty in certain situations is “inherently capricious, inhumane and is degrading to society”. When we devalue human life to the point where individuals capricously extinguish it without fear of paying the ultimate price of relinquishing their own lives, society will certainly degrade. When due process and the state system imposes the death penalty it is not capricious but speaks to the value of human life… For more intriguing conversation see my blog at http://hisgloryisourjoy.blogspot.com/
I DON’T THINK THEY SHOULD EXECUTE REGINALD IN THE “CHAMBER”, I WOULD LIKE TO SEE HIM PUSHED OFF THE “BRIDGE” WITH HIS ARMS DUCT TAPED TO HIS SIDES. THAT IS THE WAY JULIE AND ROBIN WERE RAPED AND MURDERED. HE USED THEIR BRAS TO TIE THEIR ARMS TO THEIR SIDES SO THEY COULD NOT SWIM, HE MEANT FOR THEM TO DIE AND I MEAN FOR HIM TO DIE ONE WAY OR THE OTHER. JUSTICE FOR REGGIE IS A CROCK. THERE WERE SO MANY PEOPLE (FAMILIES) DESTROYED BECAUSE HIS HORRIBLE ACTIONS. IF THE ST. LOUIS POLICE DEPARTMENT BEAT HIM UP I GIVE EACH ONE THAT GOT A PUNCH OR KICK IN ON THE BEATING AN “ATTABOY”!
JAY NIXON, DON’T SAVE THIS SCUM BAG ONE MORE TIME. FRY HIM JUNE 17TH AS PLANNED.
FRIEND OF THE KERRY SISTERS AND THE KERRY FAMILY
i think it’s really sad for any body to comment on a case they no nothing about.How do anyone no what really happened tht night in question?I’m guessing everyone commenting on here was there.There r holes all in this case.Weather a person blck or white murder is wrong.As far as race prejudice does still exsist for many Arican Americans the reason any one can sit and say they are tired of it being a excuse is because their not black,how bout tht.IT will always exsist just because people like some on here belives it’s a excuse.WHAT happen to the you ladies is horrible,but you the friend should not walk around with hate in your heart,if you died today you would not make it into heaven.Let it go.One thing we all have to remember is you can think whatever thing you do on this earth you get away with when you die think again.Also murder is wrong but wht have you done or thought of wicked sin is sin all day long period.When you close them eyes for good we all will learn what was tryin to be told.
I believe in the punishment fitting the crime but first let’s prove the criminal to actually be the perpetrator of the crime. The evidence is evidently missing and we need to send the person who did the crime to jail. Or was he already there and we let him go?
what about the families of the victims after all he has got to spend alot of time with his family not like the victims family all they have to touch is a tombstone.