Episode Transcript
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your summer with AllTrails. If
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his DNA had been anywhere in that
2:20
room or in that house, the prosecutors
2:22
would be yelling from the rooftops that
2:24
he's guilty, see, see? And when his
2:26
DNA is not present at all, you're like, ah,
2:28
don't worry about it. That's not relevant. Come on.
2:31
It's absolutely absurd. Hello
2:45
and welcome back to One Minute Remaining. My name is
2:47
Jack Lawrence, the host and creator of this show. We
2:50
recently wrapped up the story of
2:52
Marcellus Williams, a man
2:54
sentenced to death for a murder
2:56
that DNA proves he didn't commit.
2:59
Yet his date, as this episode goes
3:01
out, is still set for September.
3:05
As always, with all of our cases, once
3:07
we wrap them up, I sit down with
3:09
a man they call the voice of reason,
3:11
Michael Leonard from LenoTrial Lawyers in Chicago, Illinois,
3:14
to discuss the case and get his opinion
3:16
as a man who spent decades as a
3:18
defense attorney working in the United States.
3:25
Here he is. Hey, Jack. How are
3:27
you, mate? How you doing, buddy? I'm good, thank
3:30
you. How was your ride? It was fantastic. I'm
3:32
kind of surprised. I'm kind of surprised to see
3:34
you. You're kind of surprised to
3:36
see me. Why?
3:38
What's happened? Well, I've been hearing you're going to be
3:40
trying to be avoiding me because of our bet. Mate.
3:42
It's not going so well. What are you talking about?
3:44
I was about to break the sad news to you
3:46
that it's not even been 30 days and we've already
3:48
got, uh, over 10
3:50
people and a horse. You
3:54
got a horse listening to you? Well, apparently, make
3:57
a joke about that. Yeah, he was listening to my
3:59
show on. people asked him why the long face. Are
4:02
you really at the 10 to get
4:04
you the victory? Yeah, one of my
4:06
faithful listeners, Alyssa Cook, actually did a
4:08
post in our Facebook group, calling on
4:10
everyone to come forward from Moree. And
4:12
I'll be honest, I was shocked and
4:14
surprised that that happened. Well, my friend,
4:17
I will gladly concede. However, part
4:19
two of the bet was I get to subject these
4:21
people to cross-examine. You see if they really watch it.
4:25
So we just bring one on, we pick one of
4:27
them randomly and we cross-examine them. See
4:29
if they're really listening. See if they're legitimate listeners.
4:31
Well, it shows the reach of Jack. So congratulations.
4:34
No, thank you. I just got to get into
4:36
America now. Let's not do the same thing with
4:38
American towns, can we? Because I will definitely lose
4:40
that one, that's for sure. I think you're
4:42
strong here too, my friend. So don't worry about that. Yeah, well,
4:44
we're getting there. Let's talk about
4:47
the latest case. Of course, this is,
4:50
you know, I think probably the most serious one that
4:52
we've covered, seeing is that the gentleman that I've spoken
4:54
to has been officially given
4:57
his date of execution in
4:59
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Louis County prosecuting attorney Wesley Bell has filed
6:55
a motion to overturn the conviction of Marcellus
6:57
Williams. Williams has been on death row for
6:59
more than 20 years for the
7:01
murder of Felicia Gale. She was found dead in
7:03
her University City home in 1998. It's
7:06
important for us to get it right. There
7:08
is evidence that the jury at
7:10
the time would not have been
7:12
able to see because we're talking
7:14
about DNA evidence. I
7:17
think it's called contact DNA, which was not
7:20
on the murder weapon, on the knife. On the murder
7:22
weapon. Today, a man convicted of killing a former post-dispatch
7:24
reporter back in 1998 is sentenced to die. But
7:27
the attorneys fighting for his life say he's innocent
7:29
and they have proof. Now,
7:35
death penalty is obviously a controversial one.
7:37
There are obviously people who are for
7:39
the death penalty and believe that certain
7:42
members of society who commit
7:44
certain crimes deserve that ultimate penalty of sort
7:46
of the eye for an eye type situation.
7:48
And obviously, there's many that don't. America is
7:50
still one of the last countries in the
7:53
so-called Western world to still have the death
7:55
penalty in many states. Is the
7:57
death penalty in Chicago? Do you guys have the death
7:59
penalty? there? So yeah, for our state, the
8:01
state of Illinois, we do not. I used
8:03
to have the penalty. And then about
8:06
15 to 20
8:08
years ago, the governor of our state,
8:10
Governor Ryan, who was actually indicted and
8:13
convicted in a federal criminal case, did
8:16
took steps to eliminate the death penalty. And so it's
8:18
been abolished here in Illinois for about a good 15,
8:21
20 years. Sure. There's obviously dangers to
8:23
the death penalty when it comes to, you
8:25
know, giving people the death penalty in instances
8:27
like Marcellus Williams, for me, again, it's just
8:30
looking at the so-called there is no evidence.
8:32
And now there's DNA evidence showing that his
8:34
DNA is not on that murder weapon. It's
8:36
just and no court's willing to look at
8:38
it. I just don't get it. Anyway, your
8:40
thoughts on the case? Yeah, well, I guess
8:42
there is a little hope because there's a
8:44
hearing on July 2nd to determine whether the
8:47
court will allow and consider this new DNA evidence.
8:49
So I don't think we should be given up
8:51
yet, which is a great
8:53
possibility. I think that
8:55
far too often, our procedures get in
8:57
the way of common sense, especially with
9:00
death type cases. You know, really,
9:02
overall, if you as you have discussed on
9:04
several of your shows, the paramount
9:06
consideration should be actual innocence and
9:08
getting to the truth. And
9:11
we set all these hurdles up
9:13
for a defendant to
9:15
have a claim of actual innocence considered, especially
9:17
a case like Mr. Williams, where
9:19
it's just crying out for a
9:21
hearing on the new DNA evidence,
9:23
right? And so far too often, we
9:25
let procedures get in the way of the common sense. And
9:28
this is just an extreme and
9:30
horrible example. But I mean, even
9:32
before we get to the DNA evidence, because of course, that's only
9:34
come in, you know, as I think he said, around 2016,
9:37
around then was when the DNA evidence first sort of came
9:39
forward on the on the murder weapon, if we go back
9:41
to the original crime scene itself,
9:43
and the original case against him, you know,
9:46
we've got these bloody footprints, we've got hair
9:48
that was found on the victim's body and
9:50
near the victim, we've got
9:52
fingerprints, you know, DNA
9:55
from underneath her fingernails, skin
9:57
and, and matter that was found under her finger.
14:00
cases. So I assume that was the case
14:02
in Missouri at that time. Let's
14:04
talk about jury selection for a second because I asked obviously
14:06
Marcellus, I said, you know, was this a jury of your
14:08
peers? And he sort of laughed and said, absolutely not. And
14:11
looking into the case, during the
14:13
whole jury selection, you know, it said
14:15
that the prosecution recused six members of
14:17
the jury, and they all were African
14:19
American. Would they have been just able
14:21
to strike six African Americans and give
14:24
no reason as to why they were
14:26
doing that? Well, here's here's how it works.
14:28
So some of you said it is right on point, some
14:30
of it, I'll argue it's not, Jack.
14:32
But the way the way it works overall
14:34
in our system is that you have an
14:36
overarching decision from the
14:38
United States Supreme Court that affects all of
14:41
these states, whether it's the state court or
14:43
federal court, it applies everywhere. And that case
14:45
is called Batson, B A T S O
14:47
N versus Kentucky, which established
14:50
the rule that you can't make
14:52
race based strikes to
14:54
the potential jury pool. So when jurors
14:56
are coming in, and in our system,
14:58
you might have a group of
15:00
anywhere from 30 to you might even have
15:02
a couple hundred depending upon the notoriety of the
15:05
case, who might be potential jurors are questioned
15:07
by the attorneys, we are
15:09
allowed to strike a certain amount with no
15:11
reason at all. Those are
15:13
called peremptory challenges. And then
15:15
we're able to strike for cause an
15:17
unlimited number of people if we can
15:19
show that they're biased. But
15:21
where this issue of race comes in, is
15:24
in these peremptory challenges where, let's say a
15:26
federal court case, I'm trying, we could strike
15:28
10 of them. And I don't have to
15:30
provide a reason. However,
15:33
if I'm challenged, the prosecutor of the defense
15:35
is challenged on a strike, they say, we
15:37
think it's a violation of Batson, we
15:39
think it was race based, then
15:42
the person that struck them, usually the
15:44
emotions being made against the prosecutor, they
15:47
have to come forward and tell the
15:49
judge and you know, argue that there
15:51
was a race neutral reason for why
15:53
they got rid of that particular juror
15:56
or jurors. And so in
15:58
this case, because I read the a look
16:00
at the appellate court opinion. The attorneys
16:02
actually challenged only three of
16:04
the strikes. They didn't challenge all six
16:06
because there might've been legitimate reasons for
16:08
six, for three of the six,
16:11
but they challenged three and argued
16:13
that the prosecutor was motivated by
16:15
race and striking those three people.
16:18
So then what happened was at trial, the
16:20
prosecutors had to tell the judge, Hey, here's
16:23
our race neutral reason for getting rid of
16:25
this three African-American jurors. It was a little
16:27
sketchy to me. Was it something to do
16:29
with postal service or something? I read something
16:31
about postal service and I didn't understand it.
16:34
Yeah. One of the jurors, they said, well,
16:36
gee, judge, we didn't get rid of him
16:38
because he's black. It's because he's opposed to
16:40
employee to me without further explanation made
16:42
little sense. The other one, they said, well,
16:45
judge, it wasn't race. It was because of
16:47
the earrings they were wearing. And
16:49
we thought that meant the person was
16:51
liberal. Again, to me, sounds kind of
16:53
bogus. And then thirdly, for the
16:56
other one, they said, which was very interesting, they
16:58
said, the juror
17:00
that we struck as African-American, their
17:03
demeanor is kind of like the defendant
17:05
and their appearance is kind of like
17:07
the defendant. To me, that's like saying
17:10
it's race-based, but the court, based
17:13
upon that proffer by the
17:15
attorneys, accepted it and said, okay,
17:17
you've offered me race-based reasons. Then
17:20
the ball goes back to the defense attorney who
17:23
still gets to argue that, hey, I know
17:25
they gave you what they claim to be
17:27
race-based reasons, but those really are protectual. Those
17:29
are bogus reasons, judge. Let's look at what
17:31
they just said. And so
17:33
ultimately the judge said, okay, I'm fine
17:36
with those strikes. Those people are struck
17:38
from the jury. They're not
17:40
going to serve. So ultimately, you know,
17:42
Marcellus tells you that, hey, I
17:44
didn't get a jury of my peers. It's
17:47
totally true, but it's not exactly how
17:50
it works. So really what matters in
17:52
a system at the time, he was
17:54
in St. Louis County in the state
17:56
of Missouri, is that
17:58
the system for selecting those
18:00
jurors is race neutral.
18:03
So unless he was able to attack
18:05
the system for selecting those
18:08
people, you're not guaranteed
18:10
a right to, hey,
18:12
since there's
18:14
40% African Americans in this community, that
18:17
means on my jury panel
18:19
that's seeing the case, I'm entitled to 40%
18:22
African Americans. That's not how
18:24
it works. It's just the process has to
18:26
be race neutral. So you might get a
18:28
panel one day where there's 80% African
18:30
Americans to select from. There might be a
18:32
panel the next day where there's only 20%
18:35
to select from, right? So
18:37
you can still go to trial and
18:39
the court can still consider it fine
18:41
and dandy, even though the
18:43
racial makeup seems extremely skewed, as
18:46
long as the overall process is
18:48
okay to select people to serve.
18:51
And then if the state can
18:53
survive these challenges, we just talked about
18:55
these race-based challenges at the jury selection
18:57
process. So to me, the
19:00
reasons given by the prosecutors seem pretty thin to
19:02
get rid of those African American jurors. And that's
19:04
been an issue in our system
19:06
for a long time. That's why the Supreme Court
19:08
came out with that Batson case. Let's
19:12
look at something else in the case that I
19:14
found interesting was, of course, they had one of
19:16
their witnesses. They had three witnesses really, three main
19:18
witnesses. You know, we had the former partner, we
19:20
had the guy who was in some way related
19:22
to Marcellus somewhere along the line who'd
19:24
spent time with him in prison. But then he
19:27
had the third person who was sold the laptop
19:29
and he was brought to the stand to testify
19:31
that yes, Marcellus brought me the laptop in exchange
19:33
for whatever it was, money or it may have
19:35
been something to do with drugs. But by the by,
19:37
he brought him the laptop. The jury were not allowed
19:40
to hear the part of the testimony where he actually
19:42
said, well, it was actually when I was talking to
19:44
Marcellus, he told me that this came from his girlfriend.
19:46
He got it from his girlfriend and
19:48
that's how he came to
19:50
have that laptop. Now the judge
19:52
cited hearsay and would
19:54
not allow the jury to hear that part of
19:57
the testimony. I thought hearsay was why I heard
19:59
it from someone. heard it sort of that sort of thing. It
20:01
wasn't it was directly from the guy who said this is what he told
20:03
me. Surely that is just
20:05
testimony. Yeah, our hearsay rule
20:08
is very sometimes difficult to
20:10
explain to somebody else and
20:12
also sometimes seems to defy
20:14
logic. But in general, hearsay
20:17
refers to any out of
20:19
court statement that's being offered
20:21
at trial for the truth of what's
20:23
said. Okay, it's a mouthful. But in
20:25
this case, make English to me. Yeah,
20:27
in this case, that's the hearsay rule.
20:29
That's how complicated it is just to
20:31
begin with. And there's like 50 exceptions,
20:34
right? But in this case, they
20:36
offered the testimony of this guy that
20:38
says, Hey, I bought the laptop from
20:40
Williams. And he gave he
20:43
was allowed to talk about some of
20:45
the conversation he had with Marcellus about
20:47
the purchase the laptop. However, he was
20:50
not the defensive attorneys
20:52
were not allowed to introduce the rest
20:55
of the conversation. Because even though here's
20:57
the guy saying I bought the laptop,
21:00
here's what Marcellus was saying to me,
21:02
but there was another part of the
21:04
conversation where Marcellus is saying I'm selling
21:07
it on behalf of my girlfriend, right?
21:09
And so they allowed half the
21:12
conversation, but not the rest. And
21:14
weirdly, you're under the two big issues in
21:16
our system. One, a defendant's
21:19
statements when he's giving
21:21
explanation to explain away his guilt,
21:24
are generally inadmissible, they won't allow
21:27
them unless the defendant testifies, right?
21:30
But if the defendant makes statements that
21:33
implicate him in the crime, they
21:35
do let those come in, even though they're
21:37
not being said by the defendant. So again,
21:39
it seems like one of those situations where
21:42
you're putting procedure and evidentiary
21:44
rules above common sense, because if this
21:46
witness would have been allowed to testify
21:48
to the complete conversation, he
21:51
would have said that, hey, Marcellus told me he
21:53
was selling it for his girlfriend, which
21:55
at the time he uttered that statement, there's
21:58
not really a reason for Williams to be lying
22:00
about it. You know what I mean? He's not talking a
22:02
lot. It would be a weird thing to just bring up
22:04
out of nowhere. Just be, you know, exactly. You know, he's
22:06
not talking to a cop. He's talking to some guy he's
22:08
getting the laptop, giving the laptop to. Yeah.
22:10
So the point about that is since he doesn't
22:12
really have a motive to lie to this guy
22:15
at the time, it would seem that the statement
22:17
that he's making is reliable and some something that
22:19
the jury should hear. But there weren't a lot
22:21
of hear that, which I think is a crucial
22:23
part of the conversation on appeal. The
22:26
attorneys argued, hey, look, you
22:28
know, not only should it not be
22:30
considered hearsay, but it completes the conversation.
22:32
There's a rule of evidence allows you
22:34
to put in the whole conversation when
22:36
the other side tries to introduce half the
22:38
conversation, which of course goes to fairness. I
22:41
would imagine if that man who was buying
22:43
the laptop had turned around and said, and
22:45
then Marcellus told me that he got it
22:47
because he killed this woman, that would have
22:49
been fine to be allowed in. Absolutely no
22:51
problem. It's such a weird rule. We can't
22:53
allow anything that defendants said
22:55
as long as it doesn't help him. Absolutely
22:57
insane. It's a situation where, and I speak
22:59
to a lot of people who are, who
23:01
have been basically given a death sentence in
23:03
prison, they've been given a life without parole
23:05
sentence, but at least they have time to
23:07
prove their innocence. You know, his clock is
23:09
ticking. As you said, you mentioned
23:11
these, there's a hearing coming on July 2nd because when
23:13
I spoke to Marcellus, he was still waiting on hearing
23:16
about any sort of hearing that's going to be had
23:18
on the DNA. So did you read something about second
23:21
of July? It's happening. Is it? Well, it's, it's sort
23:23
of, yes, sort of, no, it's a hearing on July
23:25
2nd to determine whether he'll get a hearing. Oh, right.
23:27
Is it hearing for a hearing? We're
23:30
going to decide whether a court can look
23:32
at this DNA evidence, which is absolutely absurd. I
23:34
think you got into this a little bit on
23:36
the episode, but you had one
23:39
governor of the state say, Hey, what's
23:41
the point of this board of inquiry?
23:43
Exactly. The new evidence, new governor comes
23:45
along and says, ah, you know,
23:47
it's taken too long. But you know, even though
23:49
we now have the DNA, forget about it. We
23:51
don't need to consider it. I mean, how stupid
23:54
is that? It's insane. It comes back to Missouri
23:56
again, you know, and you've again got the state's
23:58
prosecutor coming out. and saying this man is innocent,
24:00
I think he should have his charge overturned and
24:03
all the rest of it. I can't imagine how
24:05
frustrating it is for him to be having to
24:07
fight his own state. Yeah, the county prosecutor in
24:09
St. Louis is saying, look, we've reviewed this evidence.
24:12
It's clear and convincing that he's innocent. And
24:15
then you have the attorney general of the state
24:17
stepping in and stepping on their toes and saying,
24:19
no, no, we don't need to consider this new
24:21
DNA evidence. I wish you could get that
24:23
Missouri AG, the attorney general on
24:25
the phone, to explain to you
24:28
and try to justify how it
24:30
could possibly be that when you have
24:32
a claim of actual innocence supported by forensics,
24:34
which is directly relevant to the crime, that
24:37
it's his business. And it makes common sense for
24:39
him to step in and say, no, let's not
24:41
go that way. Let's not look at that evidence.
24:43
I mean, you won't come on your show. No,
24:46
no chance. There's absolutely no way you'll come on
24:48
and justify that. Because there is no justifying it.
24:50
Apart from that, I know no doubt you'll
24:53
just get the whole thing of a jury
24:55
found him guilty based on the evidence presented.
24:57
And that is how our system works. Yeah,
24:59
which is really unfortunate. Because I mean, you
25:01
can't get evidence that's any
25:03
more directly material or relevant
25:05
to a case than, you know,
25:08
DNA from the fingernails
25:10
of the victim. And that's it was a
25:12
horrific crime. Let's not forget about that. Absolutely.
25:15
Absolutely. It couldn't be any
25:17
more relevant. And every prosecutor
25:19
in the country would be waving the
25:21
DNA results around if it found that
25:23
Marcellus DNA matched that was
25:26
that which was under her finger under
25:28
her fingernails. As always appreciate your insights,
25:30
Mr. Leonard in the the wonderful world
25:32
of the judicial system.
25:35
And we look forward to the next one. Can
25:38
you can we before we leave, can you just answer
25:41
one question, Jack? Always. Really, really
25:43
two questions. What alcohol do I need to
25:45
send you? You
25:48
want to tell me offline and number two, what
25:51
the heck is Earl Grey's porridge? And
25:53
it doesn't look that appetizing. Earl
25:56
Grey's porridge. I've heard of Earl
25:58
Grey tea. Well, your friend. who
26:00
works on your show, who does, I think he
26:02
does the audio. Yeah. Who
26:05
is on the tin. Yeah, Dom. He had
26:07
a picture of himself in another chapel. Oh, yeah,
26:09
I saw that too. We go great forage and
26:11
I looked at it and said, look, real appetizing.
26:13
Yeah, mate, they're from Melbourne. There are different species
26:15
in Melbourne. They're all, you know, ladi da, lattes
26:17
and Earl Grey breakfast. Don't even get me started.
26:19
Dom will be listening to this. So, Dom, come
26:21
on, mate, you know, eat a hearty breakfast, my
26:24
friend. And if you get a volunteer from one
26:26
of those two towns that come on the show.
26:28
Yes, we'll get it. We'll cross-examine them. I'd love
26:30
to talk to them. All right, well, we'll lock that in for sure.
26:33
As always, a huge thank you to
26:35
Michael Lennon for his time and his
26:37
insights into this particular case. Now,
26:40
in the interest of making sure I get this episode out to
26:42
you in time, unfortunately, we still
26:44
don't know at this point in time while
26:46
I'm recording this whether or not Marcellus will
26:48
get that hearing. However, I will have the
26:50
results in our Facebook group. So, make sure
26:52
you, if you are not part of our
26:55
Facebook community, just search one minute remaining on
26:57
Facebook and you'll find out the results there.
27:01
One minute remaining is a mashed pumpkin
27:03
production created, hosted and produced
27:05
by Jack Lawrence. Audio
27:07
and sound design by Jack Lawrence and
27:09
Dom Evans of ESA. ACAS
27:20
powers the world's best podcast.
27:24
Here's a show that we recommend.
27:28
From BBC Radio 4, Britain's
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biggest paranormal podcast is
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going on a road trip. I
27:35
thought in that moment, oh
27:38
my God, we've summoned something from this
27:40
board. This
27:44
is Uncanny USA. He
27:46
says, somebody's in the house and
27:48
I screamed. Listen
27:52
to Uncanny USA wherever you get
27:54
your BBC podcasts. If
27:56
you dare.
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