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| New witness in Reggie Clemons case says he saw injury after confession | New witness in Reggie Clemons case says he saw injury after confession |
| (about 1 month later) | |
| The judge presiding over a final review of the death penalty hanging over the Missouri prisoner Reggie Clemons has heard new testimony from a state official who said that he observed Clemons just hours after he was interrogated by police with a large bump the size of a golf ball on his face. | The judge presiding over a final review of the death penalty hanging over the Missouri prisoner Reggie Clemons has heard new testimony from a state official who said that he observed Clemons just hours after he was interrogated by police with a large bump the size of a golf ball on his face. |
| A video was played in court to judge Michael Manners in Independence, Missouri, in which a bail investigator called Warren Weeks described what he recalled about interviewing the prisoner some 22 years ago. The testimony has never been heard before and only came to light recently after Weeks contacted Clemons's defence lawyers after he had read about the review of his case in a newspaper. | A video was played in court to judge Michael Manners in Independence, Missouri, in which a bail investigator called Warren Weeks described what he recalled about interviewing the prisoner some 22 years ago. The testimony has never been heard before and only came to light recently after Weeks contacted Clemons's defence lawyers after he had read about the review of his case in a newspaper. |
| Weeks's recollection that he vividly remembers seeing Clemons with injury marks on his face is the most important single new piece of evidence to be presented to the special hearing. Manners indicated that he will produce final recommendations on 1 June to the Missouri supreme court which will ultimately seal Clemons's fate by deciding on the back of the judge's conclusions whether the prisoner should be sent back to death row, granted a new trial or have his sentence to life without parole. | Weeks's recollection that he vividly remembers seeing Clemons with injury marks on his face is the most important single new piece of evidence to be presented to the special hearing. Manners indicated that he will produce final recommendations on 1 June to the Missouri supreme court which will ultimately seal Clemons's fate by deciding on the back of the judge's conclusions whether the prisoner should be sent back to death row, granted a new trial or have his sentence to life without parole. |
| In his deposition, Weeks says that he met Clemons in April 1991, after the then-19-year-old was arrested for suspected rape and murder of two sisters, Julie and Robin Kerry, who were pushed over the Chain of Rocks bridge over the Mississippi. Weeks was processing Clemons's bail application and came into contact with him very soon after the teenager had been questioned at length by detectives from St Louis. | In his deposition, Weeks says that he met Clemons in April 1991, after the then-19-year-old was arrested for suspected rape and murder of two sisters, Julie and Robin Kerry, who were pushed over the Chain of Rocks bridge over the Mississippi. Weeks was processing Clemons's bail application and came into contact with him very soon after the teenager had been questioned at length by detectives from St Louis. |
| Weeks testified that he had been sitting just three or four feet away from Clemons and noticed "a rather large bump on the side of his head, face" which he described as a "golf-ball-sized welt". He recalled writing "bump" or "bruise" on the bail form to note his observation. | Weeks testified that he had been sitting just three or four feet away from Clemons and noticed "a rather large bump on the side of his head, face" which he described as a "golf-ball-sized welt". He recalled writing "bump" or "bruise" on the bail form to note his observation. |
| The court was then showed a copy of the same form, which appeared to have had the words scratched out with black ink. Weeks said that he had not scratched the words out himself – they must have been covered over by somebody else. | The court was then showed a copy of the same form, which appeared to have had the words scratched out with black ink. Weeks said that he had not scratched the words out himself – they must have been covered over by somebody else. |
| He went on to recall that several months after he interviewed Clemons, he was called in to seek a supervisor in the probation service called Ben Coleman, who said he wanted to talk to Weeks on behalf of the chief prosecutor in the case, Nels Moss. | He went on to recall that several months after he interviewed Clemons, he was called in to seek a supervisor in the probation service called Ben Coleman, who said he wanted to talk to Weeks on behalf of the chief prosecutor in the case, Nels Moss. |
| "He challenged me on my ability to even see an injury or how what an injury is," Weeks told the hearing in his deposed video. He added that he had "felt pressure to not say anything about the injury that he had seen". | "He challenged me on my ability to even see an injury or how what an injury is," Weeks told the hearing in his deposed video. He added that he had "felt pressure to not say anything about the injury that he had seen". |
| Soon after that he was summoned to see Moss himself in his prosecutor's office in the St Louis courthouse. Moss showed Weeks some photographs that had been taken of Clemons that he said were captured around the same time as the interview that showed no signs of physical marks, and said he doubted that Weeks had described Clemons' appearance accurately. | Soon after that he was summoned to see Moss himself in his prosecutor's office in the St Louis courthouse. Moss showed Weeks some photographs that had been taken of Clemons that he said were captured around the same time as the interview that showed no signs of physical marks, and said he doubted that Weeks had described Clemons' appearance accurately. |
| Weeks said he refused to back down. "I said I saw what I saw," though he added that Moss "seemed irritated that I said I saw what I saw and I wrote what I wrote, I was standing by it". | Weeks said he refused to back down. "I said I saw what I saw," though he added that Moss "seemed irritated that I said I saw what I saw and I wrote what I wrote, I was standing by it". |
| Later, Weeks recalled telling his wife: "I think there's something unusual going on – nobody wants to talk about what happened to this gentlemen when he was being interviewed by the police." | Later, Weeks recalled telling his wife: "I think there's something unusual going on – nobody wants to talk about what happened to this gentlemen when he was being interviewed by the police." |
| Clemons's lawyer, Joshua Levine, said that the discovery of the Weeks evidence was a major development in the case as it provided the most powerful proof yet that the prisoner had his confession coerced out of him. In it, Clemons says that he raped one of the Kerry sisters and that he was underneath the bridge at the time they were pushed into the river to their deaths. | Clemons's lawyer, Joshua Levine, said that the discovery of the Weeks evidence was a major development in the case as it provided the most powerful proof yet that the prisoner had his confession coerced out of him. In it, Clemons says that he raped one of the Kerry sisters and that he was underneath the bridge at the time they were pushed into the river to their deaths. |
| Levine said the confession was the only piece of evidence that positively put Clemons underneath the bridge. "It was the centrepiece of the state's case. Nels Moss referred to it at least 10 times in his final arguments at trial and it was the last piece of evidence that the jury heard before returning their guilty verdict. It's a crucial, crucial piece of evidence." | Levine said the confession was the only piece of evidence that positively put Clemons underneath the bridge. "It was the centrepiece of the state's case. Nels Moss referred to it at least 10 times in his final arguments at trial and it was the last piece of evidence that the jury heard before returning their guilty verdict. It's a crucial, crucial piece of evidence." |
| Levine said that it was part of a package of new evidence that had been assembled that pointed to "police and prosecutorial misconduct that merits a retrial". | Levine said that it was part of a package of new evidence that had been assembled that pointed to "police and prosecutorial misconduct that merits a retrial". |
| Susan Boresi of the Missouri attorney general's office cast doubt on the Weeks testimony. She said the bail investigator had waited 22 years since the events he described to come forward with this evidence and had only done so recently. "You have to wonder what kind of person would wait 22 years to do that," she said. | Susan Boresi of the Missouri attorney general's office cast doubt on the Weeks testimony. She said the bail investigator had waited 22 years since the events he described to come forward with this evidence and had only done so recently. "You have to wonder what kind of person would wait 22 years to do that," she said. |
| She stressed that evidence provided by other witnesses at the time of the original trial had been conflicting: some had reported injuries on Clemons's face, others hadn't. Besides, the trial judge had ruled that the matter was immaterial in any case as there was no evidence that directly implicated the police officers in causing the injuries. | She stressed that evidence provided by other witnesses at the time of the original trial had been conflicting: some had reported injuries on Clemons's face, others hadn't. Besides, the trial judge had ruled that the matter was immaterial in any case as there was no evidence that directly implicated the police officers in causing the injuries. |
| Boresi gave an impassioned appeal to the judge to throw out the claims of Clemons and his defence team, and effectively return him to prison to await execution. She said that even without the Clemons confession, there was plenty of evidence of his guilt including the testimony of Daniel Winfrey, a white teenager who was with him on the bridge that night and who reported that Clemons said "Let's go! We threw them off the bridge." | Boresi gave an impassioned appeal to the judge to throw out the claims of Clemons and his defence team, and effectively return him to prison to await execution. She said that even without the Clemons confession, there was plenty of evidence of his guilt including the testimony of Daniel Winfrey, a white teenager who was with him on the bridge that night and who reported that Clemons said "Let's go! We threw them off the bridge." |
| Levine, speaking for the defence, countered that Winfrey was a "co-operator who had cut a deal with the state" in which he acted as prosecution witness in return for a lesser sentence. He was released on parole six years ago. | Levine, speaking for the defence, countered that Winfrey was a "co-operator who had cut a deal with the state" in which he acted as prosecution witness in return for a lesser sentence. He was released on parole six years ago. |
| Judge Manners was highly engaged during the four-hour hearing, regularly interrupting counsel on both sides to ask questions or to give his opinion. He expressed his shock at some of the police tactics used during the Clemons investigation in 1991 and 1992. | Judge Manners was highly engaged during the four-hour hearing, regularly interrupting counsel on both sides to ask questions or to give his opinion. He expressed his shock at some of the police tactics used during the Clemons investigation in 1991 and 1992. |
| "There was shoddy police work almost beyond comprehension," he said, adding: "when I said shoddy I meant they took a path of least resistance, closing an investigation early as it was the easiest thing to do." | "There was shoddy police work almost beyond comprehension," he said, adding: "when I said shoddy I meant they took a path of least resistance, closing an investigation early as it was the easiest thing to do." |
| He asked both the defence and the state lawyers what they thought would be the implications were he, Manners, to recommend to the Missouri supreme court that the Clemons confession should have been deemed inadmissible at trial because of evidence of coercion. That might indicate the direction in which the judge is thinking, though he also indicated that he was minded to leave the question of whether Clemons's death sentence was proportionate to the supreme court to decide. | He asked both the defence and the state lawyers what they thought would be the implications were he, Manners, to recommend to the Missouri supreme court that the Clemons confession should have been deemed inadmissible at trial because of evidence of coercion. That might indicate the direction in which the judge is thinking, though he also indicated that he was minded to leave the question of whether Clemons's death sentence was proportionate to the supreme court to decide. |
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