968 S.W. 2d 123 (Mo.banc 1998)

679 S.W.2d 253 (Mo.Banc 1984)

Stephen K. Johns was executed on October 24, 2001.

Case Facts: On the evening of February 18, 1982, an Onyx Gas Station in the City of St. Louis was robbed of approximately $248. A customer who stopped at the station shortly before 8 p.m. discovered the body of the seventeen year old attendant lying face down in a storage room with bullet wounds in the back of his head. The medical examiner who performed the autopsy testified that she found three bullet holes-all within one inch of each other- behind the victim’s right ear. One of the bullets has been fired from a distance of less than six inches from the victims head. The autopsy also revealed a bruise on top of the victims head.

During the weeks proceeding the murder, Johns had discussed his plan for robbing the Onyx station with Linda Klund and David Smith, two acquaintances. Klund drove Johns and a second man, Robert Shawn Wishon, to the station. She parked the car a short distance from the station and waited while Johns and Wishon went in. When they returned, she followed an escape route planned earlier by Johns. After disposing of the money bag, Klund dropped off Wishon and then Johns. Johns gave her $50 and asked her to take a bag containing the gun and bullets so he would not have it in case he was picked up.

Johns was arrested on February 19. He was convicted of capital murder in the Circuit Court of the City of St. Louis and the jury imposed the death sentence.

Stephen Johns’ Last Statement: “Missouri and its agents have killed innocent men in the past. I guess they think it just part of doing business. I have, over the past many years, heard many ‘last words’ of those killed by the State and it’s citizens. They range from “I’m sorry” to “kiss my fat ass.” If the State and its citizens kill me, I would say that I do not forgive those whose lies led to my conviction. I do not forgive the jurists who exercised their considerable intellect to deny me justified legal redress. I do not forgive those State functionaries, who act as ‘good Germans’ to kill me. I am innocent, but was not given the tools at trial, or on appeal, to make my innocence into a legal reality.” – (signed) Stephen Johns

Legal Chronology:

1982
02/18 – Steve Johns and Robert Wishon shoot and kill Donald Voepel during the robbery of a gas station in St. Louis, Missouri
03/04 – Johns is charged by indictment for Capital Murder.
10/18 – Johns’ trial in the Circuit Court of St. Louis City begins.
10/22 – The jury recommends Johns be sentenced to death.

1983
01/07 – The Circuit Court of St. Louis City sentences Johns to death. That same day Johns files a notice of appeal.

1984
10/09 – The Missouri Supreme Court affirms Johns’ conviction and sentence.

1985
03/04 – The United States Supreme Court denies certiorari review.
03/20 – Johns files a motion for post-conviction relief in the Circuit Court of the City of St. Louis

1986
11/20 – The Circuit Court denies the motion for post-conviction relief.

1987
11/03 – The Missouri Court of Appeals affirms the denial of post-conviction relief.

1988
06/06 – The U. S. Supreme Court denies certiorari review.
06/23 – Johns files a petition for writ of habeas corpus in the U.S.District Court for the Eastern District of Missouri.

1996
07/10 – The U.S. District Court denies the petition for the writ of habeas corpus.

2000
02/08 – The Eighth U.S. Court of Appeals affirms the denial of relief in the previous ruling of the U.S. District Court
12/04 – The U.S. Supreme Court declines discretionary review.
12/14 – The State requests an execution date from the Missouri Supreme Court.

2001
09/24 – The Missouri Supreme Court sets October 24, 2001, as Johns’ execution date.

948 S.W.2d 577 (Mo.banc 1997)

Michael Roberts was executed at 12:05 a.m., October 3, 2001.

Case Facts: On February 16, 1994 Michael Roberts and his friends ran out of money to purchase crack cocaine. Roberts promised his friends that he would get some money. He went to his house and retrieved a ball peen hammer. He then went to the home of a neighbor, Ms. Mary Taylor, whom he considered a friend.

Roberts went to Ms. Taylor’s home around 10:30 p.m. where he and Ms. Taylor watched television for awhile. Around 11:00 p.m. after receiving a telephone call from her nephew, Ms. Taylor told Roberts she wanted to go to sleep and asked him to leave. As the two walked towards the door, Roberts suddenly turned, pushed Ms. Taylor over a table and began hitting her in the head with the hammer as she lay on the floor. After hitting her in the head with the hammer more than fifteen times, Roberts went into the kitchen to find Ms. Taylor’s purse. Finding the purse, Roberts began rummaging through it until he heard Ms. Taylor move in the front room. Roberts returned to the living room where he kicked Ms. Taylor in the head and the side, telling her to be quiet. He then took the telephone cord from the wall and strangled Ms. Taylor, but she continued to breathe. Roberts then went back to the kitchen where he grabbed a steak knife and stabbed Ms. Taylor repeatedly. He tossed the steak knife aside and got a butcher knife at which time he again began stabbing Ms. Taylor Roberts, then went back to the kitchen again and filled a large soup pan with water. He then held Ms. Taylor‘s face under water. When her body started to twitch he released her head, took an answering machine and $200 and left. Roberts left the hammer and his baseball cap at the scene.

Roberts returned to the scene on two different occasions following the murder The first time was to steal more valuables and the second time was to report the crime to the police. Roberts provided the police with a videotaped confession. Physical evidence and eyewitness testimony also linked Roberts to the crime.

Legal Chronology:

1994
02/17 – Michael Roberts murdered Mary Taylor in St. Louis County.
03/24 – Roberts indicted on one county of Murder First Degree, Burglary Second Degree, Stealing a Motor Vehicle and two counts of Armed Criminal Action.

1995
03/20 – Roberts trial begins in the St. Louis County Circuit Court.
03/28 – Roberts convicted of Murder First Degree.
03/29 – The jury returns sentence of death.
05/06 – Roberts sentenced to death on the murder conviction.
06/01 – Roberts appealed to Missouri Supreme Court.
09/29 – Roberts filed a motion for post-conviction relief.

1996
05/15 – The St. Louis Circuit Court denied Roberts motion for post-conviction relief.

1997
06/17 – The Missouri Supreme Court affirmed Roberts’ judgement and sentence and affirmed the denial of Roberts’ motion for post-conviction relief.

1998
01/12 – The United States Supreme Court declined to review Roberts’ state appeal.

1999
01/11 – Roberts filed petition for writ of habeas.

2000
04/12 – The United States Court of Appeals for the 8th Circuit Court denied Roberts’ application for certificate of appealability.
05/23 – The U. S. Court of Appeals for the 8th Circuit Court issued its mandate.
12/04 – The U. S. Supreme Court declined to review Roberts’ habeas petition.

2001
07/31 – The Missouri Supreme Court sets October 3, 2001 as the execution date for Michael Roberts.

732 S.W.2d 527 (Mo.banc 1987)

Jerome Mallet was executed at 12:06 a.m. on July 11, 2001.

Case Facts: On the evening of March 2, 1985, around 5:30 p.m., Jerome Mallett was pulled over for speeding on Interstate 55 in Perry County by Trooper James Froemsdorf. Before the trooper approached the vehicle, Mallet hid his wallet and identification under the front seat of the ear. When the Trooper asked for his driver’s license, Mallett replied that he did not have it with him. When Trooper Froemsdorf asked him his name, Mallett used his brother Anthony Mallett’s name to escape detection. The Trooper then handcuffed Mallett and searched the car. He found several items bearing the name of Jerome Mallett, including the driver’s license Mallett had hidden previously.

The Trooper returned to his car and called the Highway Patrol radio dispatcher to run a check on the driver’s license. The dispatcher informed Trooper Froemsdorf that Mallett was wanted in Texas on four warrants for probation violation and one warrant for aggravated robbery. At 5:40 p.m., Trooper Froemsdorf, in his last radio transmission, told the dispatcher that Mallett was in custody, that he needed no assistance, and that the dispatcher could contact him next at the Perry County Sheriffs Office.

At approximately 6:00 p.m., a passing motorist, curious at seeing an apparently unoccupied patrol car with its red lights flashing, stopped to investigate and found Trooper Froemsdorf’s body. The inside of the Trooper’s car was a shambles with evidence of a struggle. Found in the patrol car was Mallett’s driver’s license and the other items the Trooper had taken in the search of Mallett’s car. Missing from the Trooper’s car was his .357 magnum service revolver. On the hood of the car investigators found Mallett’s hand print.

Around 7:00 p.m. that evening a St. Francois County deputy sheriff sighted Mallett’s truck and began a pursuit. The chase ended with Mallett missing a turn, running up an embankment and crashing through a fence into a field. Mallett then fled on foot. On the floorboard of Mallett’s car the deputy found Trooper Froemsdorf’s service revolver.

Mallett then swam across a river and spent the first night in a car in a nearby garage. Realizing that authorities were looking for him, Mallet spent the next day hiding in various locations, but when he went to a fast food restaurant he was apprehended after a brief pursuit. Mallett still had Trooper Froemsdorf’s handcuffs secured to his right wrist. It was later discovered that Mallett had suffered an injury as a child which allowed him to compress his hand to nearly the size of his wrist and slip out of the handcuffs.

Mallett was transported to a highway patrol station where he waved his Miranda rights and gave a videotaped confession. He admitted to shooting the Trooper, but claimed it was an accident. In the investigation of the killing of Trooper Froemsdorf an autopsy was performed which disputed the claim of an accidental shooting.

Legal Chronology:

1985
03/02 – Jerome Mallet shot and killed Missouri State Highway Patrol Officer James Froemsdorf on Interstate 55 in Perry County, Missouri.
05/13 – Mallett is charged by information with Murder First Degree.

1986
01/13 – Mallett’s trial begins on a change of venue from Perry County to Schuyler County.
01/22 – Mallett is found guilty of Murder First Degree.
01/23 – The jury recommends the death sentence for Mallett.
03/07 – Mallet is sentenced to death by the court.
03/17 – Mallett files a motion for appeal.

1987
06/16 – The Missouri Supreme Court affirms the conviction and sentence.
11/25 – Mallett files a motion for post-conviction relief in the Schulyer County Circuit Court.

1988
06/06 – The Circuti Court grants in part and denies in part the montion for post-conviction relief.

1989
04/18 – The Missouri Supreme Court affirms in part and reverses in part the post-conviction judgment. The conviction and sentence are upheld.

1990
02/26 – The United States Supreme Court denies certiorari review.
03/09 – Mallett files a petition for writ of habeas corpus in the U.S. District Court for the Eastern District of Missouri.

1996
07/29 – The District Court denies the petition for writ of habeas corpus in an unpublished order.

1998
11/16 – The U.S. Eighth Circuit Court of Appeals affirms the denial of relief.

1999
10/04 – The U.S. Supreme Court declines discretionary review.
10/04 – The State requests the Missouri Supreme Court to set an execution date.

2001
06/05 – The Missouri Supreme Court sets July 11, 2001 as Jerome Mallett’s execution date.

781 S.W. 2d 761 (Mo.banc 1989)

Sam Smith was executed on May 23, 2001.

Case Facts: On January 15, 1987 at the Missouri State Penitentiary in Housing Unit 5 a group of inmates armed with knives attacked inmate Demetrius Hemdon. Inmate Samuel Smith yelled at the attackers in an attempt to intervene, but one of the group, inmate Marlin Mays, turned toward Smith and threatened him. Smith and Mays then engaged in a fight of their own.

During the altercation Smith stabbed Mays numerous times in spite of the efforts of correctional officers to stop the fight. The two finally separated when an officer sprayed them with chemical mace. The correctional officers were able to pull Mays to safety and found that he had been stabbed 19 times in the head, chest, back, and arm. Smith ran upstairs to the housing unit where he was disarmed and detained. Mays died at the scene as a result of piercing injuries to the heart and lungs.

Samuel D. Smith was born on June 12, 1960 in St. Louis, Missouri. 

Legal Chronology:

On August 14, 1979 Smith was sentenced to two concurrent twelve year terms in St. Louis City Circuit Court for Murder Second Degree and Burglary First Degree and, a consecutive two year term for Escaping Custody Prior to a Conviction. 

1987
1/15 -Samuel Smith an inmate at the Jefferson City Correctional Center murdered fellow inmate Marlin May.
10/8 -Smith was charged by indictment in the Circuit Court of Cole County with Capital Murder.

1988
7/19-21 -Smith was brought to trial before a jury on a change of venue to Callaway County. He is found guilty of Capital Murder. The jury recommends a sentence of death.
8/19 -Smith was sentenced to death.

1989
1/6 -Smith filed a motion for post-conviction relief.
12/12 -The Missouri State Supreme Court affirmed Smith’s conviction and sentence. 12/26 -The Circuit Court denied Smith’s motion for post-conviction relief.

1990
4/30 -The U. S. Supreme Court granted a petition of certiorari and returned Smith’s case to the Missouri Supreme Court for review of an instructional issue.
6/19 -The Missouri Supreme Court reaffirmed Smith’s conviction and sentence following the remand.
10/16 -The Missouri Supreme Court reaffirmed the Circuit Court’s judgment denying Smith’s request for post-conviction relief.
11/13 -The U. S. Supreme Court denied Smith’s petition challenging the Missouri Supreme Court’s decision affirming the conviction and sentence.

1991
5/13 -The U. S. Supreme Court denied Smith’s petition challenging the Missouri Supreme Court’s decision affirming the denial of post-conviction relief.
5/24 -Smith filed a writ of habeas corpus in the Missouri Supreme Court.
5/28 -The Missouri Supreme Court denied Smith’s habeas corpus petition.
5/28 -Smith filed a federal petition for writ of habeas corpus in the U. S. District Court for the Western District of Missouri.

1993
4/15 -Smith filed a second motion for post-conviction relief in the Callaway County Circuit Court.
7/19 -The Circuit Court denied Smith’s motion for post-conviction relief.

1994
11/22 -The Missouri Supreme Court reaffirmed the Circuit Court’s judgment denying Smith’s request for post-conviction relief.

1995
5/15 -The U. S. Supreme Court denied Smith’s petition seeking review of the Missouri Supreme Court’s decision affirming the denial for post-conviction relief.

1997
8/27 -Smith filed his third motion for post-conviction relief in the Circuit Court of Callaway County.

1998
3/36 -The U. S. District Court for the Western District of Missouri denied Smith’s federal habeas corpus petition.
6//11 -The federal district court denied Smith’s motion to alter or amend its judgment.
8/02 -The federal district court denied Smith’s application for a certificate of appealability.
9/18 -The Eighth Circuit Court of Appeals denied Smith’s application for a certificate of appealability.
11/13 -The Circuit Court denied Smith’s third motion for post-conviction relief.

1999
6/7 -The U. S. Supreme Court denied Smith’s petition seeking a review of the Eighth Circuit Court of Appeals’ decision.
11/19 -The Circuit Court denied Smith’s third motion for post-conviction relief. 

2000
6/13 -The Missouri Supreme Court affirmed the Circuit Court’s decision denying Smith’s motion for post-conviction relief.

2001
2/26 -The U. S. Supreme Court denied Smith’s petition requesting review of the Missouri Supreme Court’s decision regarding his third motion for post conviction relief.
4/26 -The Missouri Supreme Court set Smith’s execution for May 23,2001.