reginald clemons
Reginald Clemons, State ex rel. Clemons v. Larkins, 475 S.W.3d 60, 63 (Mo. 2015)
Brady v. Maryland (Missouri Rule 91)
Reginald Clemons was convicted and sentenced to death for taking part in the killing of two sisters in St. Louis. The Missouri Supreme Court threw out Mr. Clemons’ conviction and death sentence in state habeas corpus proceedings because the state had suppressed material evidence that the police had coerced his confession in violation of Brady. Mr. Clemons plead guilty and was resentenced to life without parole pursuant to a plea in December 2017.
Mr. Clemons filed an original habeas petition in the Missouri Supreme Court pursuant to Missouri Rule of Civil Procedure 91.02(b). The Missouri Supreme Court appointed a special master to hear evidence of Mr. Clemons’ Brady claim. The court adopted the special master’s recommendation that Mr. Clemons’ conviction and death sentence be vacated because the State failed “to produce evidence favorable to Mr. Clemons that a witness observed an injury to Mr. Clemons’ face shortly after a police interrogation and that the witness documented his observations of the injury in a written report that was later altered by the state.” State ex rel. Clemons v. Larkins, 475 S.W.3d 60, 63 (Mo. 2015). The state’s failure to disclose this evidence was prejudicial to Mr. Clemons because it could have led to the suppression of Mr. Clemons’ confession. Id.
Cause and Prejudice
The court also held that Mr. Clemons had satisfied cause and prejudice for failing to raise this claim on direct appeal because he had shown that the state deliberately altered the favorable evidence.