Marlin Gray
Encyclopedia
Marlin A. Gray was convicted of on two counts of first-degree murder
and executed by the U.S. state
of Missouri
by lethal injection
. His conviction was for being part of a group of four men who, on April 4, 1991, sexually assaulted
and then murder
ed two sisters, and attempted to murder the sisters' cousin on the Chain of Rocks Bridge
over the Mississippi River
in St. Louis, Missouri
. Gray continued to protest his innocence saying that although he was at the bridge at the time, he was smoking cannabis
in a nearby car. On December 9, 1992, Gray was convicted of two counts of first-degree murder and was executed on October 26, 2005. He maintained his innocence to the end, although police showed on audio and video tape that he had recounted the entire event to them, admitting his part in the murders.
over the Mississippi River
. Gray, Antonio Richardson, Reginald Clemons, and Daniel Winfrey went to the bridge that night together. The two groups, who did not know each other, had a brief conversation. Gray showed the other group how to climb down a manhole
cover on the bridge down to the pier. Then the two groups separated.
the three, with Winfrey testifying that Gray said he "felt like hurting somebody." They returned and Gray told Cummins that "This is a robbery. Get down on the ground." The two girls were grabbed and held on the ground. Richardson held Julie down while Clemons raped her and then the two swapped position. Gray, Richardson, and Clemons then alternately raped Robin and Julie. Cummins was then robbed of his wallet
, wristwatch
, cash
, and keys
, and the three victims were forced down the manhole cover
to the concrete pier. The two Kerry sisters then were pushed, and Cummins jumped as instructed. Medical witnesses testified that Cummins and Julie Kerry survived the 70-foot (21-m) fall to the water below. Cummins testified that after surfacing, the current pulled him over to Julie, but then she drifted off after he began to drown. Cummins swam to shore and survived. The body of Julie Kerry was found three weeks later near Caruthersville, Missouri
; the body of Robin Kerry never has been found. When apprehended by police, Gray had Cummins' engraved watch in his possession; Clemons had Cummins' firefighter's badge; and Richardson had left his fingerprints on Cummins' driver license.
(stolen by Richardson from a police officer's residence) he had left on the bridge. Gray returned to the bridge 30 minutes later to find that the girls and their cousin were gone. Richardson said that Cummins had said the girls had slipped off the bridge but thought the authorities would not believe this story. Cummins was then robbed by the men of his belongings. The version given by Gray at his trial was different, and also differs from what police said that he told them in his initial interview. On returning after 30 minutes in the car, Clemons informed him that "Man, I just robbed that guy and threw him and the girls into the river." Gray's mother testified that he was at home all night and never left their residence.
Gray's defense lawyers also argued that the prosecutor, Nels Moss, had made allusions to Charles Manson
, when he described Gray's character witnesses as similar to "followers of Charles Manson." Moss also did not disclose the settlement with Cummins to the defense, since at the time there was no suit and therefore no settlement. They also argued that it was inappropriate for the prosecutor to tell the jury that theirs was not the final word in the case.
Gray's father claims that the conviction and sentence were racially motivated
.
Winfrey was granted parole in the summer of 2007; when released, he had served 15 years.
Clemons was sentenced to death and still is on death row
.
Richardson was also given a death sentence, however, it was commuted
to life in prison
by the Supreme Court of Missouri
on October 28, 2003. The court cited his sentencing by a judge rather than a jury to be in violation of Apprendi v. New Jersey
(a case which was decided long after the imposition of sentence). Richardson had been the focus of strenuous efforts by death penalty opponents due to his alleged mental deficiencies and because of his youth at the time of the murders, even though his own psychologist
and his mother testified that he "know[s] the difference between right and wrong." In 2005, the Supreme Court of the United States
ruled that executions of persons who committed their crimes as juveniles were unconstitutional.
denied Gray clemency on October 25 based on a recommendation by the Missouri Board of Probation and Parole. That same day, the Supreme Court of the United States denied his motions to stay his execution.
Gray asked that no member of his family witness the execution, which he described as "murder," although a female cousin and a minister
were present. The only witness for the victims present at the execution was Kevin Cummins, the uncle of the two girls. Gray also made no last meal
request and gave no instructions for the disposal of his body. His final statement: "I go forward now on wings built by the love and support of my family and friends. I go with a peace of mind that comes from never having taken a human life. I forgive those who have hardened their hearts to the truth and I pray they ask forgiveness, for they know not what they do. This is not a death, it is a lynching
."
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
and executed by the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
by lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
. His conviction was for being part of a group of four men who, on April 4, 1991, sexually assaulted
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
and then murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
ed two sisters, and attempted to murder the sisters' cousin on the Chain of Rocks Bridge
Chain of Rocks Bridge
The Chain of Rocks Bridge spans the Mississippi River on the north edge of St. Louis, Missouri. The eastern end of the bridge is on Chouteau Island, , while the western end is on the Missouri shoreline....
over the Mississippi River
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...
in St. Louis, Missouri
St. Louis, Missouri
St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...
. Gray continued to protest his innocence saying that although he was at the bridge at the time, he was smoking cannabis
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
in a nearby car. On December 9, 1992, Gray was convicted of two counts of first-degree murder and was executed on October 26, 2005. He maintained his innocence to the end, although police showed on audio and video tape that he had recounted the entire event to them, admitting his part in the murders.
The events of April 4, 1991
On the night of April 4, 20-year-old Julie Kerry, 19-year-old Robin Kerry, and their 19-year-old cousin, Thomas Cummins, were on the Chain of Rocks BridgeChain of Rocks Bridge
The Chain of Rocks Bridge spans the Mississippi River on the north edge of St. Louis, Missouri. The eastern end of the bridge is on Chouteau Island, , while the western end is on the Missouri shoreline....
over the Mississippi River
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...
. Gray, Antonio Richardson, Reginald Clemons, and Daniel Winfrey went to the bridge that night together. The two groups, who did not know each other, had a brief conversation. Gray showed the other group how to climb down a manhole
Manhole
A manhole is an opening used to gain access to sewers or other underground structures, usually for maintenance.Manhole may also refer to:* Manhole , a metal band from Los Angeles* The Manhole, a computer game...
cover on the bridge down to the pier. Then the two groups separated.
The prosecution's allegations
According to testimony offered on behalf of the prosecution, several minutes later the group of four men decided to robRobbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
the three, with Winfrey testifying that Gray said he "felt like hurting somebody." They returned and Gray told Cummins that "This is a robbery. Get down on the ground." The two girls were grabbed and held on the ground. Richardson held Julie down while Clemons raped her and then the two swapped position. Gray, Richardson, and Clemons then alternately raped Robin and Julie. Cummins was then robbed of his wallet
Wallet
A wallet, or billfold, is a small, flat case that is used to carry personal items such as cash, credit cards, identification documents , photographs, business cards and other paper or laminated cards...
, wristwatch
Watch
A watch is a small timepiece, typically worn either on the wrist or attached on a chain and carried in a pocket, with wristwatches being the most common type of watch used today. They evolved in the 17th century from spring powered clocks, which appeared in the 15th century. The first watches were...
, cash
Cash
In common language cash refers to money in the physical form of currency, such as banknotes and coins.In bookkeeping and finance, cash refers to current assets comprising currency or currency equivalents that can be accessed immediately or near-immediately...
, and keys
Key (lock)
A key is an instrument that is used to operate a lock. A typical key consists of two parts: the blade, which slides into the keyway of the lock and distinguishes between different keys, and the bow, which is left protruding so that torque can be applied by the user. The blade is usually intended to...
, and the three victims were forced down the manhole cover
Manhole cover
A manhole cover is a removable plate forming the lid over the opening of a manhole, to prevent anyone from falling in and to keep unauthorized persons out....
to the concrete pier. The two Kerry sisters then were pushed, and Cummins jumped as instructed. Medical witnesses testified that Cummins and Julie Kerry survived the 70-foot (21-m) fall to the water below. Cummins testified that after surfacing, the current pulled him over to Julie, but then she drifted off after he began to drown. Cummins swam to shore and survived. The body of Julie Kerry was found three weeks later near Caruthersville, Missouri
Caruthersville, Missouri
Caruthersville is the most populous city and county seat of Pemiscot County, located along the Mississippi River in the bootheel of southeastern Missouri in the United States. The population was 6,760 at the 2000 census.-History:...
; the body of Robin Kerry never has been found. When apprehended by police, Gray had Cummins' engraved watch in his possession; Clemons had Cummins' firefighter's badge; and Richardson had left his fingerprints on Cummins' driver license.
Gray's version of the events
Gray's version of the events was very different, and changed each time he presented it. In an interview in 2005, he said that after parting from the group of three, Gray went to a car where he smoked marijuana, while Richardson went to retrieve a flashlightFlashlight
A flashlight is a hand-held electric-powered light source. Usually the light source is a small incandescent lightbulb or light-emitting diode...
(stolen by Richardson from a police officer's residence) he had left on the bridge. Gray returned to the bridge 30 minutes later to find that the girls and their cousin were gone. Richardson said that Cummins had said the girls had slipped off the bridge but thought the authorities would not believe this story. Cummins was then robbed by the men of his belongings. The version given by Gray at his trial was different, and also differs from what police said that he told them in his initial interview. On returning after 30 minutes in the car, Clemons informed him that "Man, I just robbed that guy and threw him and the girls into the river." Gray's mother testified that he was at home all night and never left their residence.
Defense claims
Both Gray and Cummins, who was initially a suspect, have said that they were physically abused during their interrogations. Cummins did receive a $150,000 settlement from the City of St. Louis. Gray said that he confessed during the interrogations to raping the two girls so the police would stop beating him.Gray's defense lawyers also argued that the prosecutor, Nels Moss, had made allusions to Charles Manson
Charles Manson
Charles Milles Manson is an American criminal who led what became known as the Manson Family, a quasi-commune that arose in California in the late 1960s. He was found guilty of conspiracy to commit the Tate/LaBianca murders carried out by members of the group at his instruction...
, when he described Gray's character witnesses as similar to "followers of Charles Manson." Moss also did not disclose the settlement with Cummins to the defense, since at the time there was no suit and therefore no settlement. They also argued that it was inappropriate for the prosecutor to tell the jury that theirs was not the final word in the case.
Gray's father claims that the conviction and sentence were racially motivated
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
.
Trial and appeals
Daniel Winfrey, who was 15 years old at the time, confessed to the murder in the presence of police and his parents. He pleaded guilty to second-degree murder and forcible rape and testified against the other three in their trials. He received a 30-year sentence. He testified that Clemons and Richardson were the ones who had pushed the two girls. Winfrey was the only white member of the convicted group, which has been raised as a criticism since he was the main prosecution witness.Winfrey was granted parole in the summer of 2007; when released, he had served 15 years.
Clemons was sentenced to death and still is on death row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
.
Richardson was also given a death sentence, however, it was commuted
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
to life in prison
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
by the Supreme Court of Missouri
Supreme Court of Missouri
The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820, and is located in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to give the Supreme Court exclusive jurisdiction- the sole legal power to hear -...
on October 28, 2003. The court cited his sentencing by a judge rather than a jury to be in violation of Apprendi v. New Jersey
Apprendi v. New Jersey
Apprendi v. New Jersey , , was a United States Supreme Court decision. The Court ruled that the Sixth Amendment right to a jury trial, incorporated against the states through the Fourteenth Amendment, prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts...
(a case which was decided long after the imposition of sentence). Richardson had been the focus of strenuous efforts by death penalty opponents due to his alleged mental deficiencies and because of his youth at the time of the murders, even though his own psychologist
Psychology
Psychology is the study of the mind and behavior. Its immediate goal is to understand individuals and groups by both establishing general principles and researching specific cases. For many, the ultimate goal of psychology is to benefit society...
and his mother testified that he "know[s] the difference between right and wrong." In 2005, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled that executions of persons who committed their crimes as juveniles were unconstitutional.
Execution
Gray's execution date was set by the Missouri Supreme Court for September 26, 2005. Governor Matt BluntMatt Blunt
Matthew Roy Blunt served as the 54th Governor of Missouri from 2005 to 2009. Before his election as governor, Blunt served ten years in the United States Navy, was elected to serve in the Missouri General Assembly in 1998 and as Missouri's Secretary of State in 2000.A Republican, Blunt was elected...
denied Gray clemency on October 25 based on a recommendation by the Missouri Board of Probation and Parole. That same day, the Supreme Court of the United States denied his motions to stay his execution.
Gray asked that no member of his family witness the execution, which he described as "murder," although a female cousin and a minister
Minister of religion
In Christian churches, a minister is someone who is authorized by a church or religious organization to perform functions such as teaching of beliefs; leading services such as weddings, baptisms or funerals; or otherwise providing spiritual guidance to the community...
were present. The only witness for the victims present at the execution was Kevin Cummins, the uncle of the two girls. Gray also made no last meal
Last meal
The last meal is a customary part of a condemned prisoner's last day. Often, the day of, or before, the appointed time of execution, the prisoner receives a last meal, as well as religious rites, if they desire. In the United States, inmates generally may not ask for an alcoholic drink...
request and gave no instructions for the disposal of his body. His final statement: "I go forward now on wings built by the love and support of my family and friends. I go with a peace of mind that comes from never having taken a human life. I forgive those who have hardened their hearts to the truth and I pray they ask forgiveness, for they know not what they do. This is not a death, it is a lynching
Lynching
Lynching is an extrajudicial execution carried out by a mob, often by hanging, but also by burning at the stake or shooting, in order to punish an alleged transgressor, or to intimidate, control, or otherwise manipulate a population of people. It is related to other means of social control that...
."
See also
- List of individuals executed in Missouri
- Capital punishment in the United StatesCapital punishment in the United StatesCapital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...