Attorney General's News Release

March 22, 1995

Nixon calls for reform of federal appeals process

Jefferson City, Mo. — Attorney General Jay Nixon today released a list of 16 murderers on death row in Missouri who have successfully abused the federal appeals process and have delayed their executions an average of nine years and four months.

Nixon made the list public today to focus attention on the need to reform the federal appeals process, which he says has become an open avenue for inmates to file frivolous lawsuits and to delay the carrying out of death sentences for heinous murders. In addition, Nixon released letters sent today to Missouri senators Christopher Bond and John Ashcroft encouraging support for legislation to reform the federal appeals process. The process, known as the writ of habeas corpus, is intended to protect against constitutional violations.

“Existing law has in some cases made a mockery of justice and has greatly prolonged the emotional suffering of the innocent survivors of murder victims,” Nixon said.

Nixon encouraged Bond and Ashcroft to support legislation that will place a time limit on filing federal habeas actions as well as a time limit for judicial rulings on habeas petitions. Nixon also called for the elimination of an increasingly common delaying tactic used by Missouri inmates which allows them to postpone appeals in federal court by bringing up new claims in state court.

“There is no reason to stop the federal appeals process for such blatant delaying tactics,” Nixon said. “The fact that this has been repeatedly successful in Missouri and allowed more than once by federal judges in the same case is a vivid demonstration of the need for habeas reform.”

In Missouri, 11 executions have taken place since 1989, and the average delay between the initial appeal and execution was nine years and nine months.

“Missouri must take action to limit the number of proceedings available to inmates and the excessive length of those proceedings,” Nixon said.

Nixon's list of habeas abusers includes the murderers of Missouri State Highway Patrol officers James Froemsdorf and Russell Harper. Both troopers were killed while making traffic stops.

March 1995 marks the 10-year anniversary of the murder of Trooper Froemsdorf in Perry County by Jerome Mallett. Within a year of the murder, Mallett was found guilty by a Missouri jury and given the death sentence. “In a cruel twist of irony for the trooper's family, March also marks the five-year anniversary of the filing of Mallet's first federal appeal and there has been no action since that time,” Nixon said.

Trooper Harper was killed in February 1987 near Springfield by Glennon Sweet, who killed Harper in a fusillade of gunfire from a semiautomatic assault rifle. The federal appeals process began in 1991. No action has been taken by the court since July 1992.

The two men convicted of murdering highway patrol officers are joined by 14 others on Nixon's list.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

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