Marlin Gray, a black man, faces execution in Missouri on Oct. 26, 2005 for the deaths of Julie and Robin Kerry in St. Louis. On April 4, 1991 the Kerry sisters took their cousin Thomas Cummins to the nearby Chain of Rocks Bridge. While on the bridge the three cousins met Marlin Gray, Reginald Clemons, Daniel Winfrey, and Antonio Richardson. The two girls were reportedly raped and then pushed off the bridge. Cummins was then reportedly told to jump, which he did. Marlin Gray was 23 years old at the time of the murders and had never been convicted of a felony before. There are many questionable circumstances regarding the events of that night and Gray’s sentence.
One of the more disturbing facts about Gray’s case regards his interrogation. From the beginning Gray has consistently held that he was physically abuse during police interrogation. Thomas Cummins also maintained that he was beat during interrogation. Cummins received a settlement of $150,000. Gray’s accusations were disregarded. However both men’s stories of abuse were similar. Why did the system believe one man and not the other?
Another major problem with Gray’s case is that the prosecuting attorney did not, at first, disclose the evidence of Cummins’ settlement. The prosecution also made inappropriate allusions to the Manson murders and suggested ways in which Gray was similar to Charles Manson. The effect that such inappropriate comments can have on a jury is clear. The prosecutor used this language in Gray and Clemons’ cases and both men received death sentences. He did not use allusions to Charles Manson in Richardson’s first trial, which led to a hung jury.
The prosecuting attorney also erred when he assured the jury that their’s was not the final word in the case, alluding to the appeals process. Such statements may give jurors false confidence that they will not be responsible if they wrongly sentence the defendant. Finally, much of Gray’s conviction was based on the testimony of Gray’s co-defendants. Clearly such testimony is not reliable.
This is not guilt beyond a reasonable doubt and yet Gray has been sentenced to death. Marlin Gray was 23 years old at the time of the crime which was his only felony conviction. He has never had a problem with violence during his 12 years on death row and he has steadily remained employed during his many years in prison.
Gray’s case is too fraught with procedural issues and doubts. Death penalty is not an appropriate punishment. Please write to Gov. Matt Blunt requesting that he commute Gray’s death sentence.
