735 S.W.2d 345 (Mo.banc 1987)

Roosevelt Pollard was been declared mentally incompetent and his execution stayed. He remains on the capital punishment list because he can be re-evaluated by the court on his death sentence if his mental condition improves.

Case Facts: On the morning of December 12, 1985, Pollard had decided to visit relatives in Arkansas. Pollard, accompanied by Maurice Alexander, Michael Hammon, and Robert Sands drove south from St. Louis on Interstate 55 in Pollards car. While driving, the battery went dead. Pollard removed a .22 caliber automatic rifle from his truck and loaded it with ammunition. Pollard brought the loaded rifle with him while he and Hammon sought another battery.

They found a battery in a car at a nearby farm. They got the battery and brought it back to his car. Pollard returned the rifle to his car and they took off down Interstate 55 again. Later, one of the tires went flat and he exited the highway at the rest area near Steele, Missouri. Having no spare tire, Alexander and Hammom went with Howard Henry, the rest area maintenance person, to a nearby service station to purchase a new tire.

Shortly after Alexander and Hammon left for a new tire, the victim, Richard Alford, drove into the rest area in his new 1984 Pontiac Bonneville and parked on one spot away from Pollard’s car. Pollard told Sands that he wanted that car and he was going to get it. Pollard removed the loaded rifle from the car and waited for Alford to return to his car. Pollard stood in the space between the two cars and shot Alford through the window, turned and looked at Sands, then turned back and shot Alford two more times.

Pollard moved Alford’s body from the driver’s seat, got into the car, and drove off with the body. Twelve to thirteen minutes later, Pollard returned to see if his friends had made it back with the new tire. They had not, so Pollard left again in Alford’s car and left it at the rest area on the northbound side of Interstate 55. Pollard and his friends left and stopped in Blytheville, Arkansas to spend the night. Pollard had stolen a ring from the victims finger and was wiping the blood from it. He later sold it in a pawn shop. The body of Alford was found near the rest area in a drainage ditch under an Interstate 55 overpass.

955 S.W. 2d 548 (Mobanc 1997)

985 S.W.2d 759 (Mo.banc 1999)

Case Facts: On the morning of March 23, 1996, one of Knese’s neighbors heard a dog barking across the street and then a man yelling. When the neighbor went to her kitchen door to see what was going on, Knese, wearing only a pair of sweatpants pulled down around his ankles, opened the front door, ran into the neighbors house and landed on the couch. Knese then stood, pulled up his pants, and came into the kitchen, where he and the neighbor began to yell at each other. When the neighbor’s boyfriend came into the kitchen, Knese ran in to the bedroom and sat on the television. After the going into the bathroom, Knese came back into the kitchen and then ran outside.

Another neighbor saw Knese standing outside , holding a broom and screaming. When the neighbor drove close to where Knese was standing, Knese jumped on the hood of the car. The neighbor noticed that Knese had some scratched on his face, but did not otherwise appear to be injured. Knese slid off the hood and opened the passenger-side door. The car gained speed, however, and before Knese was able to get inside the car, he was dragged along the car’s side until he eventually let go. The neighbor who was driving the car called the police when she arrived at work.

The police found Knese lying in the road and noticed that he was bloody and had multiple cuts and abrasions. When asked how he sustained the injuries, Knese originally said that the “devil had come to get him.” He later said that “the bitch tried to kill” him. Knese also told a paramedic that he did not want to be treated differently for what he had done, Knese was then taken to the hospital.

While one police officer had been taking car of Knese, another officer investigated Knese’s home. From the front porch of the home, that officer saw Karin Knese lying motionless on the floor. Her body was partially nude, with her legs spread apart. The officer found no pulse or other signs of life. A paramedic later pronounced Ms, Knese dead.

At the hospital, the police advised Knese of his Miranda rights, and Knese waived them. Knese made four statements about the events that had occurred earlier in the day. The police audiotaped one of the statements. Throughout these statements, Knese admitted to killing his wife. According to Knese, his wife had taken their child and visited Ms. Knese’s sister-in-law the night before, because Ms. Knese was angry about Knese’s drug use. When she returned, she told Knese that she wanted him to leave their home. They both went to sleep in separate rooms; Ms. Knese slept on the couch. Knese woke up early the next morning and ingested some cocaine. About an hour later after using cocaine, Knese went into the living room to talk about the couple’s problems. Knese laid down by his wife but Ms. Knese did not want to talk. She pushed him off the couch, but Knese continued touching her and talking to her. He forced himself back onto the couch and tried to engage in foreplay. When Ms. Knese protested, Knese pulled off her pants and panties. He forced himself on top of her and attempted to have sex with her; however they did not engage in intercourse because Knese could not sustain and erection.

Ms. Knese, according to Knese, went “ballistic.” The two began to fight, and Ms. Knese screamed “rape.” When she did this, Knese put one hand over her mouth while he squeezed her neck with the other. Ms. Knese grabbed a glass lampshade and swung. Knese blocked the swing with his arm, and the lampshade shattered. Ms. Knese picked up a piece of glass and swung again. This time she cut Knese’s palm, Knese then took the glass and slashed her neck. The two fell on the floor, where Knese began to strangle Ms. Knese. At one point, his hold was so tight that his thumb went through her skin. He also bit her neck. When she put a finger in his eye, he head butted her. At the end of the altercation, Knese stood up, kicked her head and stood on her neck for five or ten minutes. The jury convicted him and recommended the death penalty.

960 S.W. 2d 479 (Mo.banc 1997)

Thomas Brooks, 33, died on May 16, 200_ at the Moberly Prison, from an undisclosed illness.

741 S.W.2d 665 (Mo.banc 1987)

7/28/03 – Prosecutor will not retry Amrine. (July 28, 2003, Jefferson City) A Kansas City man whose death sentenced was overturned by the Missouri Supreme Court earlier this year will be released from jail today. The Cole County prosecutor in Jefferson City has announced his decision NOT to retry Joseph Amrine in the death of a former state prison inmate. Three former inmates who initially testified against Amrine recanted their statements.

4/29/03 - Missouri Supreme Court orders Amrine discharged. (April 29, 2003, Jefferson City) The Supreme Court of Missouri handed down its decision in State ex rel. Joseph Amrine v. Donald P. Roper, a habeas proceeding based on claims of actual innocence. It was argued Tuesday, February 4, 2003. In a 4-3 decision written by Judge Teitelman, the Court ordered that Amrine be conditionally discharged 30 days from the date the mandate issues in this case unless the state elects to file new charges against Amrine in relation to the murder of which he was convicted. Judge Wolff wrote a concurring opinion. Judge Benton and Judge Price wrote dissenting opinions.

4/30/03 - Audio: Missourinet interview with Joseph Amrine from the state prison in Potosi on April 30, 2003. 15 min

Case Facts: Amrine and the victim, Gary Barber, were housed in the special management unit or “supermax” area of the penitentiary (Missouri State Penitentiary) during October of 1985. In early October, Amrine became aware of “rumors” being circulated by Barber concerning an illegal incident in which Barber committed a homosexual act upon Amrine when they were cell mates in the “general population” area of the penitentiary. Inmate Randy Ferguson testified that on October 3 he overheard a conversation between Amrine and Joe Moore during which Moore commented “if somebody had treated him like that or done something like that to him, he would kill him”. Amrine replied “Don’t think that that ain’t what I plan to do”.

Ferguson also related that on October 7 Amrine informed him and three other inmates that he planned to stab Barber the next day and wanted them to “block.” Inmate Terry Russell testified that Amrine told him that he intended to “stick” Barber when the inmates went to the “yard”; however, that opportunity did not arise. Russell explained that on the morning of October 8 Amrine confronted Barber about the rumors, and after some discussion Amrine and Barber came to where Russell was standing. Amrine asked Russell to repeat the accusations in front of Barber and Russell stated that Barber “was going around telling people he had sex with Amrine,” to which Barber did not respond. Amrine said “okay” and walked away, but a fight broke out between Russell and Barber as a result of the allegations and they were placed in detention until October 18.

Ferguson testified that on the evening of October 17, 1985, the night before Barber and Russell were released from detention, he overheard a conversation between inmates Omar Hutchison, Daryl Saddler and Clifford Valentine concerning a knife and observed Saddler go up to the floor above them and pass a knife down to Hutchison. Following lunch on October 18, the inmates from Amrine’s unit were released to the multipurpose room for recreation. Two guards, Officers Thomas Smith and John Noble, were on duty supervising the 45 to 50 inmates in the room that day. The doors to the recreation room were locked and the inmates could enter and exit the room only through the front door, which was guarded by Officer Noble. When Ferguson arrived at the multipurpose room he began working out on a punching bag and saw Hutchison enter the room, approach the window, remove an ice-pick type weapon from his waistband, and tape the weapon to the outside of the building.

Ferguson later saw Amrine go to the window and retrieve the knife, which he placed in the waistband of his pants. Amrine approached Barber, who was sitting alone in the corner of the room, knelt down and started a conversation. The two men got up and began pacing around the room. during which time Amrine placed his arm around Barber’s shoulder. Amrine subsequently took his arm off Barber’s shoulder, pulled the knife from his waistband and stabbed Barber in the back behind the shoulder blade. Amrine turned and ran while Barber removed the knife and chased Amrine toward the front of the room. Barber then stated “Joe, I’m going to get you,” dropped the weapon and collapsed not far from Officer Noble. Shortly thereafter Barber died as a result of the stab wound. The stabbing was witnessed by Ferguson and inmate Jerry Poe, both of whom identified Amrine as Barber’s killer.