The Problem of Innocence in Death Penalty Cases
The American death penalty has a big innocence problem, and it is not going away. The events of last week show why.
On Wednesday, Missouri planned to execute Marcellus Williams. The problem was that he may be innocent. Governor Eric Greitens wisely put that execution on hold while a panel investigates further. On Thursday, Florida did execute Mark Asay. We may never fully know whether he actually deserved the death penalty.
In the Williams case, although the courts said that the execution could go forward, the courts disregarded new DNA tests that show Williams’ DNA was not on the weapon that killed Lisha Gayle at her home in 1998. The DNA of another unidentified man was on the weapon. The victim was stabbed 43 times, and it stands to reason that the male DNA on the weapon is that of the actual culprit.