"Execution set for man convicted in 1994 killing of Good Samaritan," is Tony Rizzo's report in the Kansas City Star.
The Missouri Supreme Court on Monday set a May 20 execution date for a Kansas City-area man who was convicted of killing an Excelsior Springs businessman in 1994.
If the order is carried out, Dennis J. Skillicorn, 49, would be the first Missouri inmate executed since October 2005.
The order comes as Skillicorn and two other death-row inmates are pursuing legal action that questions Gov. Jay Nixon’s ability to fairly consider their clemency requests.
Their lawsuit, which was filed last week in federal court, alleges that Nixon’s involvement as state attorney general in their litigation creates a conflict of interest if he, as governor, were to deny their clemency requests.
If Nixon does not grant clemency, state law authorizes him to appoint an independent board to determine whether clemency is appropriate, according to the lawsuit.
Attorneys for Skillicorn, John Middleton and Russell Bucklew also allege that prison officials obstructed their efforts to gather information in the clemency process by withholding documents, prohibiting them from interviewing other inmates and ordering prison staff not to speak with them.
In a written statement issued Monday, Nixon did not address the allegations in the lawsuit but said, “I fully appreciate the gravity and finality of capital punishment.”
He added: “I will carefully review the record on this case and any petition for clemency submitted by Dennis Skillicorn.”
"Death row inmates continue fight to stay executions," by Ray Scherer appears in today's St. Joseph News-Press.
John Middleton has joined other Missouri death row inmates in asking the state to stay executions.
The motion — filed late Monday by Jennifer Merrigan, an attorney for inmate Dennis Skillicorn — argues that Gov. Jay Nixon has a conflict of interest. It said Mr. Nixon should not decide the men’s clemency since, as attorney general, he was involved in preventing defense attorneys from accessing Missouri Department of Corrections staff witnesses.
Missouri Supreme Court spokeswoman Beth Riggert said there has been no ruling on the motion.
Ms. Merrigan filed the action on behalf of Mr. Skillicorn, whose execution is scheduled for May 20. Mr. Middleton, from Spickard, was convicted in the 1995 shooting deaths of Stacy Hodge, Randy Hamilton and Alfred Pinegar. The deaths were linked to Mr. Middleton’s methamphetamine operation.
Mr. Middleton is imprisoned at the Potosi Correctional Center. A co-defendant, Margaret Hodges, pleaded guilty in June 1998 to second-degree murder of the victims. She is incarcerated at the Chillicothe Correctional Center.
The motion said that inmates Mr. Skillicorn, Mr. Middleton and Russell Bucklew have begun a civil rights action in the U.S. District Court for the Western District of Missouri related to Mr. Nixon’s earlier involvement in their cases. Ms. Merrigan alleges a decision by the governor would potentially violate her client’s federal guarantee of due process of law.
“It is unreasonable to expect that he will look at them fairly, when to grant clemency would be to admit that he had advanced erroneous grounds for denying relief in one or more capital cases,” she said.
The motion asks the federal court to require Mr. Nixon to convene a board of inquiry to rule on the clemency case.
Later on, the motion alleges that the state has attempted to dissuade Mr. Middleton and the other inmates from seeking clemency.
“Plaintiff Middleton has suffered unduly harsh conditions of confinement at the hands of DOC employees designed to break his will and discourage him from pursuing clemency,” it said.
“Defendant Nixon decided long ago to deny mercy to plaintiff Middleton,” the motion said.
You can view the lawsuit, in Adobe .pdf format, here.
Comments