© 2024 University of Missouri - KBIA
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Missouri Supreme Court tosses out murder conviction and death sentence against Reginald Clemons

Marshall Griffin, KWMU

Reginald Clemons may get a new trial.

In a 4-to-3 decision Tuesday, the Missouri Supreme Court tossed out both his conviction and death sentence in the 1991 rape and murders of sisters Julie and Robin Kerry on the Chain of Rocks Bridge in St. Louis. The sisters, who were 20 and 19, had brought a visiting cousin to the bridge to show him a poem they had written. The cousin was the only one who survived being pushed from the bridge into the Mississippi River.

In an opinion written by Chief Justice Patricia Breckenridge, the high court agreed with an opinion issued in 2013 by judge Michael Manners, who was appointed a special master to review Clemons' case.  It reads in part:

"The state had violated Brady (v. Maryland, 1963) by failing to produce evidence favorable to Mr. Clemons that a witness observed an injury to Mr. Clemons' face shortly after a police interrogation and that the witness documented his observations of the injury in a written report that was later altered by the state. The master determined that the state's failure to disclose this evidence was prejudicial to Mr. Clemons because it could have led to the suppression of Mr. Clemons' confession, a critical part of the state's case against Mr. Clemons. Substantial evidence supports the master's findings that the state deliberately violated Brady and that, in the absence of the undisclosed material evidence, the jury's verdicts are not worthy of confidence. Accordingly, this Court vacates Mr. Clemons' convictions and sentences for first-degree murder."

State Supreme Court Judges Laura Denvir Stith and Richard Teitelman, along with Appeals Court Judge Lisa White Hardwick, concurred with the majority opinion. Hardwick was brought in because Supreme Court Judge George Draper recused himself from the case.

The dissent, written by Judge Paul Wilson, reads in part:

"I do not know whether Clemons was beaten to compel him to give the equivocal, barely inculpatory, audiotaped statement. He claims the officers beat him; they deny his claims. Other witnesses ... say they saw injuries to Clemons' face at various times in the hours and days after his interrogation; still others say they saw no such injuries. But all of these witnesses ... admit they have no personal knowledge of what caused Clemons' injuries (if any), and they all admit they did not observe any officer strike Clemons at any time or for any reason. Finally, there were no medical records supporting Clemons' claim, and neither the photographs taken four and a half hours after Clemons' interrogation nor those taken 36 hours later show signs of any such injuries."

Wilson also said that Clemons has not shown that he's "more likely than not" to actually be innocent.

Credit Marshall Griffin, KWMU

Supreme Court judges Mary Russell and Zel Fischer concurred with Wilson's dissent.

The state now has 60 days to file a new motion to retry Clemons. Otherwise the murder charges against him will be dismissed, as mandated by Chief Justice Breckenridge's order.

Clemons will remain in prison because of a conviction several years ago for assaulting a corrections officer.

Josh Levine, Clemons' attorney, issued the following statement:

"We are simply thrilled by today's decision ... the Missouri Supreme Court has upheld Mr. Clemons' constitutional right to a fair trial, which is all he has sought from the beginning. We are deeply grateful for the Court's decision and its willingness to protect the Due Process rights of Mr. Clemons and citizens everywhere."

St. Louis circuit attorney Jennifer Joyce also issued a statement on what steps her office will take. It reads in part:

"Prosecutors ... will review the (State Supreme) Court's decision in its entirety. As this crime occurred almost 25 years ago, we will need to review the State's evidence, determine the availability of witnesses and reporting officers in the case, and discuss our options with the victims' family. Once we have completed this process, we will then determine the appropriate course of action within the allotted period of time. Our thoughts and prayers are with the friends and family of Julie and Robin Kerry."

Meanwhile, the Justice for Reggie campaign is praising the ruling.

"Since 1991, a fair trial is all that we've ever demanded for Reggie," said campaign coordinator Jamala Rogers. "While the family and many of Reggie's supporters maintained his innocence in the murders of Julie and Robin Kerry, it was important that the facts be presented in a court of law. We never got that opportunity with the misconduct of police and the prosecutor. Now, hopefully, justice will come."

Clemons was originally convicted in the murders along with Marlin Gray, Antonio Richardson and Daniel Winfrey. Gray was executed by lethal injection in 2005, while Richardson's death sentence was later changed to life without parole. Winfrey testified against Clemons, Gray and Richardson in exchange for a lighter sentence. He received a 30-year sentence, but was paroled in 2007.

Follow Marshall Griffin on Twitter:  @MarshallGReport

Copyright 2021 St. Louis Public Radio. To see more, visit St. Louis Public Radio.

Missouri Public Radio State House Reporter Marshall Griffin is a proud alumnus of the University of Mississippi (a.k.a., Ole Miss), and has been in radio for over 20 years, starting out as a deejay. His big break in news came when the first President Bush ordered the invasion of Panama in 1989. Marshall was working the graveyard shift at a rock station, and began ripping news bulletins off the old AP teletype and reading updates between songs. From there on, his radio career turned toward news reporting and anchoring. In 1999, he became the capital bureau chief for Florida's Radio Networks, and in 2003 he became News Director at WFSU-FM/Florida Public Radio. During his time in Tallahassee he covered seven legislative sessions, Governor Jeb Bush's administration, four hurricanes, the Terri Schiavo saga, and the 2000 presidential recount. Before coming to Missouri, he enjoyed a brief stint in the Blue Ridge Mountains, reporting and anchoring for WWNC-AM in Asheville, North Carolina. Marshall lives in Jefferson City with his wife, Julie, their dogs, Max and Mason, and their cat, Honey.
Marshall Griffin
St. Louis Public Radio State House Reporter Marshall Griffin is a native of Mississippi and proud alumnus of Ole Miss (welcome to the SEC, Mizzou!). He has been in radio for over 20 years, starting out as a deejay. His big break in news came when the first President Bush ordered the invasion of Panama in 1989. Marshall was working the graveyard shift at a rock station, and began ripping news bulletins off an old AP teletype and reading updates between songs. From there on, his radio career turned toward news reporting and anchoring. In 1999, he became the capital bureau chief for Florida's Radio Networks, and in 2003 he became News Director at WFSU-FM/Florida Public Radio. During his time in Tallahassee he covered seven legislative sessions, Governor Jeb Bush's administration, four hurricanes, the Terri Schiavo saga, and the 2000 presidential recount. Before coming to Missouri, he enjoyed a brief stint in the Blue Ridge Mountains, reporting and anchoring for WWNC-AM in Asheville, North Carolina. Marshall lives in Jefferson City with his wife, Julie, their dogs, Max and Liberty Belle, and their cat, Honey.
Related Content