Skip to main content

Missouri: The quality of mercy


Late Wednesday afternoon the Missouri Supreme Court postponed for at least 30 days the state's plans to administer the death penalty for the first time in almost three years. It was the correct decision.

We say that not only because this editorial page long has opposed capital punishment in all circumstances, believing that it has no place in a civilized society. And in this particular case, the arguments against the ultimate punishment are particularly strong.

Dennis J. Skillicorn, 49, was to have been executed at 12:01 a.m. next Wednesday even though he did not kill Richard Drummond, the crime for which he was convicted in Lafayette County in 1996. Skillicorn was half a mile away when his buddy, Allen Nicklasson, shot Mr. Drummond, 47, of Excelsior Springs.

The jury knew that when it convicted Skillicorn as an accessory to capital murder. But the prosecutor in the case had painted Skillicorn as the ringleader among the three men convicted in Mr. Drummond's death. The trio had traveled from Kansas City to St. Louis to buy drugs, and the men were returning to Kansas City on Aug. 23, 1994, when their car broke down on Interstate 70, 22 miles east of Kingdom City. Mr. Drummond, a telephone company technician, stopped to help them. The third member of the group, Tim DeGraffenreid, 17 at the time of the crime, was convicted of second-degree murder. Skillicorn and Nicklasson both were sentenced to death. But Nicklasson, last month swore in an affadavit that "I have maintained from the day of my arrest, October 5, 1994, that Dennis had absolutely no knowledge that I would murder Mr. Richard Drummond."

Just as important and perhaps more so is that since he's been in prison, Skillicorn has been an exemplary citizen, a rare moderating influence in a place as one inmate put it "full of vampires."

If the fact Skillicorn had very little to do with the actual murder isn't enough to convince Gov. Blunt to commute his sentence, perhaps his record as a model prisoner will. The Supreme Court's action should help him consider that record more completely. Skillicorn's lawyers had been denied access to prison staff and inmates as part of their efforts to draw up a clemency petition. On Wednesday, the court said this amounted to "obstruction of clemency advocacy."

Skillicorn's lawyers now have one month to do conduct interviews on a voluntary basis with the people who know Skillicorn best. It's in the best interest of the Department of Corrections to cooperate.

As Neal Turnbrough, a former guard at the Potosi Correctional Center in Mineral Point, put it: "You'd like to have a whole prison of Dennises; it makes the job easier."

Skillicorn is a leader in several Christian prison ministries. He helped create a hospice program to care for inmates who are sick and dying. He is the editor of "Compassion," a bi-monthly newsletter for death row inmates nationwide, the mission of which is "promoting restorative justice and reconciliation."

Among the letters sent to Gov. Blunt on behalf of Skillicorn's petition for clemency is one from a fellow death row inmate who wrote, "You got a lot of love in you, my brother. And as I sit here knocking on heaven's door, I will go forth and take with me your strength and honor and total compassion, whether I go forth in this life or the next."

The letter was written by Marlin Gray, executed by the state of Missouri on Oct. 26, 2005. The death chamber at the prison in Bonne Terre has since gone unused as Missouri and the nation again have wrestled with issues related to capital punishment.

In April, the United States Supreme Court ruled, 7-2, that the lethal injection procedure used to administer the death penalty in Kentucky wasnot "cruel and unusual punishment" under the Eighth Amendment. Because 37 of the 38 states that permit capital punishment using a three-drug process similar to Kentucky's, the death penalty had been on hold while the Kentucky case worked its way to a decision by the high court.

A similar challenge to the constitutionality of lethal injection had been brought in Missouri. The state, it turned out, did not have a formal written execution protocol. Dr. Alan Doerhoff, a Jefferson City surgeon who had supervised most of the executions in Missouri, admitted that he was dyslexic and that he sometimes had made mistakes while administering doses of the execution drugs.

A Post-Dispatch investigation revealed that Dr. Doerhoff also had been sued for medical malpractice some 20 times and that David Pinkley, a nurse who had worked with Dr. Doerhoff, was on probation for legal problems unrelated to his profession.

Larry Crawford, director of the Missouri Department of Corrections, says those problems have been corrected. Yet how tragic that a model prisoner who never actually pulled a trigger might become the test case for the new procedures and staff.

The state has a neatly-typed, 5-page execution protocol that is a public document, setting forth in precise language the procedures to be followed; the dosages of each drug to be administered and in what order; the veins in which IV lines are to be inserted (primary and secondary); the position of the gurney and the timing of the procedure.

A key change, Mr. Crawford said, is that the execution team now is supposed to wait three minutes after the injection of the 1st drug: 5 grams of thiopental. During that waiting period, medical personnel are supposed to enter the death chamber and check to ensure that the drug, a heavy barbiturate, has taken effect and has rendered the inmate unconscious. Only then may the 2nd drug, a paralyzing agent, and the 3rd drug, which stops the heart, be administered.

"I've talked to a lot of medical people in recent months," Mr. Crawford said, "and they all tell me that if you had to pick a way to die, this is the way to go."

Another key change: The process is to be overseen by a board-certified anesthesiologist who is assisted by a licensed practical nurse. A licensed pharmacist will prepare the drugs. Mr. Crawford said these arrangements exceed court-ordered standards, which permit a nurse or an emergency medical technician to supervise executions.

A recently enacted state law makes the identities of medical personnel involved in state executions a secret, along with the identity of the corrections department employee assigned to start the flow of the drugs.

This confidentiality may be important to the anesthesiologist hired by the state. The ethical guidelines of the American Medical Association and the American Society of Anesthesiologists forbid physicians from participating directly or indirectly in executions.

Dennis Skillicorn's best hope for avoiding these people lies with his request for clemency from Gov. Blunt. That's why it's important that corrections officers and inmates be encouraged to talk about the Dennis Skillicorn they have come to know in the last 12 years.

If the death penalty must be imposed, it must be reserved for the worst of the worse, not for someone who may have had no idea what his partner was planning. As punishment for his participation, Skillicorn deserves to spend the rest of his life in prison, a sentence that would have the added benefit of letting him continue the good works to which he has devoted his life since being sent to Potosi. Religious groups from around the state have appealed for clemency, noting the tremendously positive influence Skillicorn has on other inmates.

Skillicorn's lawyers, led by Jennifer A. Merrigan of the Public Interest Litigation Center in Kansas City, also are challenging the the way the state developed its execution protocol: adopting it without presenting it for public comment or review by the Legislature's Joint Committee on Corrections.

In St. Louis on Wednesday, Mr. Blunt was asked about Skillicorn's petition for clemency. His reply was non-commital, saying only that "I spend a great deal of time going over the information with my staff. It's the most serious thing we do within our criminal justice system, and it's a responsibility that I take very seriously."

We hope Mr. Blunt will encourage Mr. Crawford and his staff to speak openly about Skillicorn's record. A full and open review would be a courageous step for the governor and for Missouri. In Shakespeare's words:

The quality of mercy is not strain'd,

It droppeth as the gentle rain from heaven

Upon the place beneath: it is twice blest;

It blesseth him that gives and him that takes. . . .

Source: St. Louis Today

Most viewed (Last 7 days)

Former FedEx driver sentenced to death for killing 7-year-old girl after delivery at her Texas home

DALLAS (AP) — A former FedEx driver was sentenced to death on Tuesday after he pleaded guilty to killing a 7-year-old girl he took from her Texas home while delivering a Christmas gift. Jurors in a Fort Worth courtroom decided on Tanner Horner's punishment after hearing about a month of testimony and evidence that included audio of Athena Strand's last moments from inside his delivery van. Horner, 34, pleaded guilty to capital murder last month in the 2022 killing just as his trial began. Athena's body was found two days after she was reported missing from her home in the rural town of Paradise, near Fort Worth.

South Dakota | Latest appeal from state's lone death row inmate denied

SIOUX FALLS, S.D. (KELO) — The U.S. Court of Appeals for the 8th Circuit has rejected the latest appeal from Briley Piper, the only person on death row in South Dakota. In March 2000, Briley Piper, along with co-defendants Elijah Page and Darrell Hoadley, conspired to burglarize the Lawrence County home of 19-year-old Chester Poage before abducting and murdering him by beating, stabbing, and stoning in a remote area.  Piper was subsequently arrested, convicted of murder, and sentenced to death, while his accomplices received either a death sentence—carried out against Page in 2007—or a sentence of life imprisonment without parole. 

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

Will the US Supreme Court end nitrogen gas executions?

When President Donald Trump returned to office in January 2025, he directed his administration to “ restor[e] the death penalty .” His embrace of capital punishment helped fuel a surge in executions at the state level last year, as I previously reported , and led the Justice Department to produce a report on “strengthening” the federal death penalty, which was released late last month. In the report, the Justice Department defended the use of pentobarbital – a powerful sedative – for lethal injections, criticizing the Biden administration’s determination that it may cause “unnecessary pain and suffering.” Nevertheless, citing ongoing legal challenges to pentobarbital use and related problems obtaining the drugs used in lethal injections, the DOJ recommended expanding the list of federal execution methods by adding firing squads, electrocution, and lethal gas.

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

American Fugitive Flees to Italy hoping to Escape the Death Penalty

American Murder Suspect Cut Off His Ankle Bracelet and Fled to Italy to Escape the Death Penalty Lee Mongerson Gilley Flew From Houston to Milan on Two False Identities. He Was Caught the Moment He Landed. It reads like the opening of a thriller. A man under electronic surveillance in Houston, suspected of killing his pregnant wife, cuts off his ankle bracelet, boards a flight to Canada under a false identity, transfers to a second flight to Italy under a second false identity, and lands at Milan Malpensa with a single objective: to place himself beyond the reach of Texas justice and its death penalty. The plan failed at the first step on Italian soil. Lee Mongerson Gilley, 39, an American software engineer wanted in the United States on suspicion of murdering his ex-wife in October 2024, was identified and detained the moment he arrived at Malpensa. He had cut off his electronic monitoring bracelet in Houston, flown first to Canada using one set of false documents, and then to Italy u...

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.