News & Events

On August 6, 2013, a special master appointed by the Supreme Court of Missouri found that the Mr. Clemons’ death sentence was obtained following a trial in which the prosecution suppressed key evidence and relied on a coerced statement. If the Supreme Court of Missouri adopts the report, under the U.S. Supreme Court’s landmark case Brady v. Maryland and its progeny, Mr. Clemons must be granted a new trial.

Mr. Clemons was arrested shortly after the 1991 deaths of sisters Julie and Robin Kerry, who were college students in St. Louis.  A special master, Judge Michael W. Manners, was appointed by the Supreme Court of Missouri in response to a petition filed by Simpson Thacher just days before Mr. Clemons had been scheduled to be executed.  Judge Manners found that Mr. Clemons’ statement to the police that was admitted at trial was coerced  – a fact that Mr. Clemons has steadfastly maintained since shortly after giving the statement.  Judge Manners also found that Mr. Clemons’ constitutional right to due process was violated by the State’s suppression of key evidence – namely, that a parole officer observed and documented injuries to Mr. Clemons shortly after his police interrogation which corroborated Mr. Clemons’ protestations of abuse.   

The Supreme Court of Missouri will now decide whether to adopt or amend Judge Manners’ recommendation. Simpson Thacher is gratified by Judge Manners’ findings and looks forward to representing Mr. Clemons in the next stage of his case.

The Simpson Thacher team consists of Josh Levine, Erika Burk, Kimberly Hamm, Ellen Frye, Meredith Duffy, Bashiri Wilson, Diana Wielocha and Katelyn Benton.  Mr. Clemons is also represented by Mark G. Arnold of Husch Blackwell LLP in St Louis, Missouri.