The Supreme Court of Missouri on Tuesday declined to halt the dissolution of a board of inquiry convened to investigate a death row inmate’s innocence claim. The Supreme Court stated in its decision that Missouri Governor Mike Parson, who moved to dissolve the board, was entitled to judgment as a matter of law since the state constitution gives the governor exclusive authority over clemency decisions.

Death row inmate Marcellus Williams was convicted of first-degree murder in 1998 after a woman was stabbed to death during a burglary. Prosecutors claimed that Williams entered a home through a window and stabbed social worker Lisha Gayle. Williams’ cellmate, Henry Cole, also told prosecutors that Williams confessed to the murder to him.

On the day Williams was to be executed in August 2017, then-Missouri Governor Eric Greitens issued an executive order appointing a board of inquiry to determine whether Williams should be granted clemency due to DNA evidence that could exonerate Williams. However, Governor Parson dissolved the board in 2023.

Williams argued that this violated his due process rights to a complete review of innocence claims, his federal due process rights, and the constitutional separation of powers. The state’s Supreme Court denied the challenge, and an execution date has been set for September 24, 2024 at 6 pm.

The attorneys for Williams released a statement following the judgement:

The St. Louis County Prosecuting Attorney has asserted that he has clear and convincing evidence that Marcellus Williams is innocent. It is alarming that an execution date has been set in spite of this. To date, no court has ever reviewed the DNA evidence proving Mr. Williams was not the individual who wielded the murder weapon and committed this crime. Yet, the State successfully sought an execution date, highlighting the system’s emphasis on finality over innocence. That is not justice. We will continue to fight for Mr. Williams’ exoneration and seek a hearing on the prosecutor’s motion to vacate.

The Innocence Project argues there are five reasons Williams is innocent: Williams was excluded as the source of the DNA found on the murder weapon, no court evaluated the exculpatory DNA evidence, the prosecutor’s case was based on unreliable testimony, no scientific or eyewitness evidence connects Williams to the murder, and Governor Greiten stayed the execution based on the exculpatory DNA results. The Innocence Project is continuing to attempt to prove Williams’ innocence before his execution date.