The unconscionable execution of Marcellus Williams is a call for more Black lawyers

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The very moving and dramatic statement against lynching contained on flags displayed by the NAACP in the 1930s is a tragic reminder that these conditions currently persist today. On September 24, 2024, an innocent Black man named Marcellus Williams was executed by the State of Missouri. There was no forensic evidence linking him to the murder of a white newspaper reporter who was found stabbed to death in her home in 1998.

Prior to the execution of Mr. Williams, Attorney Tricia Rojo Bushnell of the Midwest Innocence Project stated, "The victim's family opposes his execution. Jurors, who originally sentenced him to death, now oppose his execution. The prosecutor's office that convicted and sentenced him to death has now admitted they were wrong and zealously fought to undo the conviction."

Every human being deserves to be afforded with their most basic right – the right to be treated equally under the law. Under the Missouri Revised Statutes (RSMo) 565.032, numerous factors are to be considered before the jury can find that the defendant can be executed. If a statutory aggravating circumstance or circumstances are proven beyond a reasonable doubt, the jury must determine whether the evidence as a whole justifies a sentence of death or a sentence of life imprisonment without eligibility for probation, parole, or release except by act of the governor. No jury could apply this standard with consistent accuracy, potentially leading to the same shocking results in Mr. Williams' case. This demonstrates what is at stake if we fail to take meaningful action in the fight for justice.

Over 2.3 million Americans are incarcerated. It is estimated that at least 20,000 people have been wrongfully convicted. According to the Death Penalty Information Center, at least 200 people have been exonerated from death row since 1973.

We need to ensure Conviction Integrity Units, divisions of prosecutorial offices that work to prevent, identify, and remedy false convictions, are fully staffed and have the resources they need to effectively function. Moreover, we need to call for the establishment of Conviction Integrity Units in all jurisdictions across the country.

We need more Black lawyers. There are more than 1.3 million lawyers in the United States. Black lawyers, however, were just 4.8% of the profession in 2013 and only rose to 5% in 2023. We need lawyers who can see themselves in the people they are prosecuting and representing. We need lawyers with lived experience who know what it feels like to exist in a legal system that discounts you simply because of the color of your skin. We need lawyers who have empathy and compassion for both the victims and the accused.

If you are reading this, I urge you to act. Lawyers have an obligation to ensure the protections afforded under the United States Constitution are applied fairly to all people. Fulfill your mandate under ABA Model Rule 6.1 and provide pro bono service to your local Innocence Project®. Mentor a young Black student who is interested in attending law school. Our lives depend on it.

To learn more about pro bono opportunities with the ABA Death Penalty Representation Project, visit the Volunteering Information page or contact the Project to learn more. You can make a difference.