In 1983, Eric Clemmons, 20 years old was convicted for capital murder and sentenced to a 50-years imprisonment without the possibility of parole which followed an incident when Eric had gone to his brother's aid as he believed that his brother had been robbed by two men .  A fight ensued which resulted in the death of a 21 year old man.  When Eric Clemmons learnt of the death he turned himself into the police, as a man of good character with no criminal record and capital charges were brought. 

In 1999 Justice Myron H Bright of the Eighth Circuit Court of Appeals expressed the view in the decision in 177 F.3d 680 Eric D Clemmons v Paul K Delo (8th Circuit) that:

This is an unusual case.  The evidence indicates that Clemmons acted with some justification for his conduct, and evidence which surfaced in a different trial casts grave doubt on whether Clemmons struck the blows that killed the victim.

The facts of this case do not warrant a capital murder conviction and the severe sentence which was imposed.  On the facts of this case it was open to the Court to have charged Eric Clemmons with second degree murder or manslaughter. 

Of particular importance is the assertion of Justice Myron H Bright that 'the conviction for capital murder and consequent life sentence......as imposed in this case may amount to a great injustice'.

Former St. Louis Circuit Attorney Dee Joyce Hayes wrote to Eric's mother: “I am somewhat surprised that Eric was charged with capital murder.”

If the overcharging is not troubling enough, in 1985 Eric was wrongfully accused of the murder of a fellow inmate. When he was eventually granted a trial, it took a jury only one hour to find him not guilty of the murder. By this time, he had spent 13 years on death row. 

Eric is now 65 years old and has spent 43 years in prison which have been spent productively - he has stayed out of trouble, taken advantage of education classes and in 2012 graduated with a distinction from Blackstone Career Institute allowing him to work as a paralegal when released and worked in various capacities within the prison.  

Eric is remorseful for the events that unfolded when he went to his brother's aid and has written to the parents of the deceased to seek their mercy and forgiveness. 

Eric has served a significant period of time behind bars for his actions and justice has been served.  A psychiatrist has stated that his “positive attitude and desire to contribute to society bodes well for a good future prognosis.”  There is no risk to the public if he were to be released and everything to suggest that he would successfully reintegrate into society.  He has a loving family who are waiting for positive news.  

I urge you to please sign this petition to respectfully request that thorough consideration is given to this exceptional case by the St. Louis Circuit Attorney's Office Conviction Integrity Unit.