JEFFERSON CITY, Mo. — As Missouri prepares to execute Lance Shockley on Oct. 14, Amnesty International and human rights supporters are calling on Gov. Mike Kehoe to halt the execution, citing alleged trial irregularities and the U.S. Supreme Court’s refusal to hear his appeal.
Amnesty International USA Deputy Director for Research Justin Mazzola urged the governor Monday to grant clemency, according to a press release.
“Amnesty International urgently calls on Missouri Governor Mike Kehoe to act now to stop the scheduled execution of Lance Shockley,” said Mazzola. “We are seeing an outpouring of support for Lance Shockley to live. Last week, petitioners delivered a petition with 31,000 signatures to Governor Kehoe’s office calling on him to stop Shockley’s execution.”
Amnesty International pointed to multiple concerns in Shockley’s case, including ineffective legal counsel and alleged jury misconduct. Supporters also criticized the state’s refusal to allow modern DNA testing of crime scene evidence, which they argue could potentially exonerate Shockley.
“Whatever our reasons, we are all united in our call for Governor Kehoe to stop this execution now,” said Mazzola. “It’s time for Governor Kehoe to listen to the many and diverse voices from Missouri and beyond, act to protect human rights, and immediately grant clemency to Lance Shockley.”
Shockley was convicted of the 2005 murder of Missouri State Highway Patrol Sgt. Carl DeWayne Graham Jr. Prosecutors argued that Shockley ambushed Graham outside his home while Graham was investigating Shockley’s involvement in a drunk driving crash that killed passenger Jeffrey Bayless. Shockley allegedly shot Graham from behind with a rifle and then fired fatal shotgun blasts.
The jury found Shockley guilty of first-degree murder beyond a reasonable doubt, but it “did not unanimously find that there are facts and circumstances in mitigation of punishment sufficient to outweigh facts and circumstances in aggravation of punishment,” according to the court order.
When a jury reaches a deadlock, Missouri law allows the court to assume the jury’s role in determining sentencing — making Missouri one of only two states granting judges that power. Shockley was sentenced to death.
Gov. Kehoe announced in a release Monday morning that he would not grant clemency.
“The murder of Missouri State Highway Patrol Sergeant Carl DeWayne Graham Jr., who was investigating Lance Shockley’s criminal actions at the time, was an attack not only on a dedicated law enforcement officer, but on the rule of law itself,” Kehoe said. “Violence against those who risk their lives every day to protect our communities will never be tolerated. Missouri stands firmly with our men and women in uniform.”
“Mr. Shockley has received every legal protection afforded to him under the Missouri and United States Constitutions, and his conviction and sentence will remain for his brutal and deliberate crime,” Kehoe added.
The Supreme Court declined to hear Shockley’s case earlier this year, over a dissent from Justices Sonia Sotomayor and Ketanji Brown Jackson, according to MSNBC.
The dissent focused on the denial of a “certificate of appealability,” a requirement for state prisoners seeking to pursue federal appeals. Sotomayor wrote that Shockley’s case “exemplifies the problems” with the stricter process used in the Eighth Circuit, which blocked his ability to appeal despite one judge’s vote in his favor.
Sotomayor also raised concerns about the jury foreperson’s background. During jury selection, the foreperson failed to disclose that he had written a fictionalized autobiography depicting a revenge killing similar to the facts of Shockley’s case. The book was brought into jury deliberations and shared with other jurors, MSNBC reported.
“As a result, the trial court did not hear evidence regarding the foreperson’s alleged bias and misconduct or its effect on other jurors, some of whom later indicated that they had looked through the book,” Sotomayor wrote, as cited by MSNBC.
The justice added that it was “difficult to see” how Shockley’s trial counsel’s failure to question the juror or raise the issue in a mistrial motion “could fail to constitute ineffective assistance of counsel.” Because the Supreme Court declined to take up the appeal, the underlying issues remain unresolved.
Amnesty International reaffirmed its opposition to the death penalty. “For us at Amnesty International, we oppose the death penalty in all cases because it violates the right to life and is the ultimate cruel, inhuman and degrading punishment,” Mazzola said.
If carried out, Shockley’s execution would be the first in Missouri this year. Supporters are continuing last-minute efforts to stop it. Marches and vigils are planned in Jefferson City in the final hours before the scheduled execution, according to Amnesty.
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