Equal Justice for All?
Black Convict
Last January, a Missouri judge upheld the conviction and sentence of death row inmate Marcellus Williams, a black man, despite a prosecutor’s presentation of solid evidence that he is innocent.
A Missouri jury found Williams guilty of the 1998 murder of news reporter Felicia Gayle. In upholding the prior ruling, Judge Bruce Hilton decided that “there is no basis for a court to find that Williams is innocent.” Hold the phone, Judge Hilton; this is a death penalty case. Shouldn’t we be certain before killing a man by lethal injection?
Last month, a “deal” was cut to prevent the execution. Despite Williams’ claims of innocence, he would plead guilty without an allocution, agree to a life sentence, and give his attorneys more time to develop evidence of his innocence. Mishandled DNA evidence prevented Williams’ lawyers from laying blame for the crime on an unknown third party. At first, Judge Hilton backed the agreement. But the expected proof fell short of complete exoneration. The Missouri Supreme Court refused to get involved, ruling that “the Missouri Constitution vests the governor with exclusive constitutional authority to grant or deny clemency.”
Republican Governor Mike Parson does not seem interested in granting clemency. His predecessor, Eric Greitens (also a Republican), paused Williams’ scheduled 2017 execution and ordered an investigation by a board of inquiry. But the panel reached no conclusions, and Parson ordered it dissolved, paving the way for the new execution date.
In this case, a Democratic prosecutor is seeking more time. The Republican attorney general disagrees and has the ear of the Republican Governor and Supreme Court majority. Once again, our country’s divisive politics rears its ugly head. Shouldn’t something as consequential as a death penalty case transcend politics? Most legal scholars believe that Williams has a good chance for a stay in the federal system. We shall see.
White Convict
In Colorado, while the Williams case was still pending in Missouri, a white paramedic was sentenced to five years in prison for criminally negligent homicide and second-degree assault in the 2019 death of Elijah McClain. Peter Cichuniec saw his sentence vacated. Citing “unusual” and “exceptional” circumstances, Adams County District Court Judge Mark Warner gave the paramedic four years probation. Prosecutors expressed disappointment with the ruling:
“After considering the evidence, a statewide grand jury indicted Cichuniec, and a jury of his peers found him guilty of his criminal acts that led to the death of Elijah McClain. We are disappointed the court reduced his sentence today, but we respect the court’s decision.”
McClain, a young, black massage therapist, was arrested in Aurora, CO on August 24, 2019. Police officers responded to a “suspicious person” call about someone wearing a ski mask. McClain was walking home from a convenience store carrying a plastic bag with iced tea when confronted by the police. The cops tackled him and placed him in a choke hold, rendering him unconscious. Paramedics were called to the scene and injected a dose of ketamine appropriate for a 200-pound man. McClain weighed only 143 pounds. He suffered a heart attack and died three days later.
While I acknowledge that the circumstances of the two cases are different, in both, mothers and fathers buried their children. Juries tried the two defendants, found them guilty, and their trial judges sentenced them. Why was one treated with leniency and the other not?
Williams is black; Cichuniec is white. Missouri is a red state; Colorado is blue. Cichuniec’s victim was black. Williams’ ‘victim’ was white. American justice is supposed to be “blind.” We are all entitled to equal justice under the law, but, in my opinion, we have not yet achieved that lofty goal. More time to be sure that Williams is guilty will hurt no one. Hopefully, the feds will grant a stay, and the system will sort this out and get it right.
Did race and politics play roles in these cases and outcomes? You bet they did.
Equal justice for all? Sadly, not in today's America.
Mark M. Bello is an attorney and author of the Zachary Blake Legal Thriller Series and children’s social justice/safety picture books. He also hosts the popular bi-weekly podcast, Justice Counts (https://www.spreaker.com/show/justice-counts_1). Mark’s books may be found at all online booksellers and on his website, at https://www.markmbello.com.
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