Saturday, August 30, 2025

Lance Shockley: Death Row: St. Louis Missouri: Time is running out as Missouri prepares to execute Lance Shockley despite jury misconduct, untested DNA and judicial override, The Davis Vanguard (staff) reports, noting that: " Shockley was convicted in 2009 of killing Missouri State Highway Patrol Sergeant Carl DeVasto. The case against him, according to prosecutors and court records, was built entirely on circumstantial evidence. There was no physical evidence linking him to the crime scene, no DNA or fingerprints tying him to the murder, and no confession. Shockley has maintained his innocence for nearly two decades, and his legal team is now requesting DNA testing on 16 items collected from the crime scene. Prosecutors have opposed those requests."


PETITION: STOP THE EXECUTION OF LANCE SHOCKLEY IN MISSOURI: 

https://actionnetwork.org/petitions/stop-the-execution-of-lance-shockley-in-missouri

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PUBLISHER'S NOTE:  "WORDS TO HEED: FROM OUR POST ON KEVIN COOPER'S  APPLICATION FOR POST-CONVICTION DNA TESTING; CALIFORNIA: (Applicable wherever a state resists DNA testing): "Blogger/extraordinaire Jeff Gamso's blunt, unequivocal, unforgettable message to the powers that be in California: "JUST TEST THE FUCKING DNA." (Oh yes, Gamso raises, as he does in many of his posts, an important philosophical question: This post is headed: "What is truth, said jesting Pilate."...Says Gamso: "So what's the harm? What, exactly, are they scared of? Don't we want the truth?") 



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PASSAGE OF THE DAY: "The case has come under intense scrutiny because of irregularities during the trial. The jury foreperson, identified as “Juror 58,” distributed his self-published novel during the trial to fellow jurors and the presiding judge. The novel contained a storyline about a revenge killing that closely mirrored the facts of the Shockley case. Despite this, the juror participated in the guilt phase deliberations and helped secure a conviction."

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PASSAGE TWO OF THE DAY: "Advocates argue that Shockley’s case follows the same troubling pattern: reliance on circumstantial evidence, refusal to allow modern DNA testing, and a failure to address potential misconduct during the trial. They say executing him under these conditions would further damage public trust in Missouri’s justice system.Weis said the decision now rests with Governor Kehoe. “Executing Lance Shockley under these circumstances would not only extinguish a life but erode public trust in the justice system,” he said. “Missouri must choose mercy over irreversible harm.”

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STORY: "Time running out: Missouri  to execute Lance Shockley despite jury misconduct, untested DNA and judicial override  by Davis Vanguard Staff,  published on August 25, 2025.

SUB-HEADING: “Executing Lance Shockley under these circumstances would not only extinguish a life but erode public trust in the justice system.” – Jeremy Weis, Shockley’s lead attorney.

GIST: "Missouri is preparing to execute Lance Shockley on October 14, 2025, a case that has raised serious questions about jury misconduct, untested DNA evidence, and a rare judicial override that overruled a deadlocked jury. Supporters and his legal team are calling on Governor Mike Kehoe to intervene before it is too late.

“Executing a man when there is residual doubt about his guilt would be a profound injustice,” said Jeremy Weis, Shockley’s lead attorney. “Governor Kehoe has the power to ensure that mercy and fairness prevail.”

Shockley was convicted in 2009 of killing Missouri State Highway Patrol Sergeant Carl DeVasto. The case against him, according to prosecutors and court records, was built entirely on circumstantial evidence. There was no physical evidence linking him to the crime scene, no DNA or fingerprints tying him to the murder, and no confession. Shockley has maintained his innocence for nearly two decades, and his legal team is now requesting DNA testing on 16 items collected from the crime scene. Prosecutors have opposed those requests.

The case has come under intense scrutiny because of irregularities during the trial. The jury foreperson, identified as “Juror 58,” distributed his self-published novel during the trial to fellow jurors and the presiding judge. The novel contained a storyline about a revenge killing that closely mirrored the facts of the Shockley case. Despite this, the juror participated in the guilt phase deliberations and helped secure a conviction.

When the misconduct was exposed, Shockley’s attorney filed a motion for a mistrial. The judge refused to question the other jurors about whether they were influenced by the novel, and the mistrial request was denied. Shockley’s defense team also declined to call jurors as witnesses to substantiate claims of bias. This omission was sharply criticized by then-Chief Justice Laura Denvir Stith of the Missouri Supreme Court, who wrote in her dissent that Shockley should have received a new trial based on the misconduct.

At sentencing, the jury was unable to reach a unanimous decision, splitting between life without parole and death. Under Missouri law, when a jury deadlocks in the penalty phase, the judge has the authority to impose the sentence. Carter County Circuit Judge David Evans chose death. Missouri remains one of only two states in the nation where judicial override is still allowed. Advocates for Shockley argue that the override undermined the role of the jury and violated the spirit of constitutional protections.

The I Stand With Lance campaign highlights these irregularities and urges the public to demand clemency. Supporters argue that an execution under these circumstances would represent a miscarriage of justice, especially given Missouri’s history of carrying out executions despite doubts about guilt.

Shockley’s life since incarceration has also become part of the campaign for clemency. He is president of the Restorative Justice Organization at Potosi Correctional Center, where he mentors peers struggling with addiction and trauma, leads worship services, and assists incarcerated people with special needs.

“The Missouri Department of Corrections has the restorative justice system. Meaning, the department offers the inmate the right to take classes like restorative justice, transition training, and other such programs. Lance Shockley is a pillar in these programs,” said Herb Conley, former chaplain at Potosi.

Supporters note that granting clemency would not result in Shockley’s release. His sentence would be commuted to life without parole, ensuring he would spend the rest of his life in prison. Advocates say this would allow him to continue his restorative justice work while leaving open the possibility of DNA testing that could clear his name and identify the actual perpetrator.

The controversy around Shockley’s case comes as Missouri continues to draw national attention for its use of the death penalty. Since 1976, the state has executed 97 people, according to the Death Penalty Information Center. In recent years, Missouri has carried out executions in cases where serious questions of innocence were raised. In 2020, the state executed Walter Barton despite lingering doubts about his conviction. In 2023, Leonard Taylor was executed even as advocates pointed to alibi witnesses and forensic issues that suggested his innocence.

Advocates argue that Shockley’s case follows the same troubling pattern: reliance on circumstantial evidence, refusal to allow modern DNA testing, and a failure to address potential misconduct during the trial. They say executing him under these conditions would further damage public trust in Missouri’s justice system.

Weis said the decision now rests with Governor Kehoe. “Executing Lance Shockley under these circumstances would not only extinguish a life but erode public trust in the justice system,” he said. “Missouri must choose mercy over irreversible harm.”

The clemency process in Missouri grants the governor broad authority. Petitions can be filed by defense counsel, supporters, or members of the public, but the governor is not bound to follow recommendations from the parole board or other officials. In practice, clemency is rarely granted in Missouri death penalty cases. Still, Shockley’s legal team hopes that the combination of jury misconduct, untested evidence, and the judicial override will be compelling enough to sway Kehoe.

Supporters of Shockley are mobilizing through petitions, rallies, and public appeals. The I Stand With Lance site provides resources for people to sign the clemency petition, contact the governor’s office, and share Shockley’s story through community organizations, faith groups, and media outlets. With less than two months before the scheduled execution date, they say awareness and public pressure are critical.

For many observers, the case is not only about Shockley but also about the broader issues it represents. Critics argue that Missouri’s death penalty system has been plagued by unfair trials, inadequate defense, and resistance to scientific evidence. Supporters of Shockley say his case is a test of whether the state will prioritize justice and mercy over procedure and finality.

Shockley’s attorneys stress that DNA testing is a minimal step that could resolve doubts once and for all. Sixteen items from the crime scene, including clothing and other physical evidence, have never been tested with modern techniques. If the DNA matches another suspect or excludes Shockley, they argue, it would fundamentally alter the case. If the DNA confirms the state’s theory, it would bring closure. Either way, they argue, proceeding with an execution without allowing the testing risks irreversible injustice.

As the execution date approaches, the urgency grows. Supporters say time is running out for Missouri to reconsider. For Shockley, it is not just a matter of life and death but also a chance to prove his innocence. For the state, it is a question of whether an execution carried out under these circumstances will further erode confidence in the justice system."

The entire story can be read at

https://davisvanguard.org/2025/08/lance-shockley-case-misconduct/

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;


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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


Christina Swarns: Executive Director: The Innocence Project;


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