Reggie Clemons: A victim of the MO "Justice" System

Reggie was convicted of accomplice liability for the murders of Julie and Robin Kerry two years beforehand. The events of that night and the trial of the four young men charged with the murders received much media attention at the time. Three of the four (including Reggie) tried for the crime were African -American The victims, who were pushed off the Old Chain of Rocks Bridge to their deaths, were both white.

Despite the fact that no physical evidence was ever produced linking Reggie to the murder and the prosecutor used tactics to remove African-Americans from the jury and planted an agent in the jury pool to influence prospective jurors, Clemons was convicted and given the death penalty.

POLICE SWITCH THE "MAIN SUSPECT"

On the night of April 4, 1991, seven young people were on the Old Chain of Rocks bridge in north St. Louis (a popular party spot since it closed years before): Reggie, Marlin Grey, Antonio Richardson, Daniel Winfrey and sisters Julie and Robin, who hung out with their cousin, Thomas Cummins.

Cummins was arrested by police immediately after the murders and, according to St. Louis police reports viewed by Confluence, Cummins implicated himself in the death of the Kerrys. The police report notes that Cummins told police that Julie refused to have sex with him and, "They began arguing, at which time he accidentally pushed Julie, causing her to fall backward into the river." Cummins told police, "He became frightened and must have blacked out and believed that he may have pushed Robin in too." (Others speculate that Robin Kerry may have jumped into the river in an attempt to save her sister.) The police wanted to videotape this confession, but Cummins refused and later changed his story to assert his innocence. Cummins father then retained an attorney, and the suspect made no further statements to police investigators. At a press conference, St. Louis Police announced they had arrested and charged Cummins with the crime.

According to a document prepared by St. Louis Police Sergeant Michael Guzy, even Cummins father, Gene Cummins, stated that he doubted his own son's story because he had frequently changed his statements about the events that ensued the night of the murders. Police Detective Rick Trevor also said that Cummins story was inconsistent. Cummins claimed that he and his cousins were beaten, raped and robbed. He claimed the others pushed the sisters off the bridge, and he was forced to jump. Later, he told the police that he didn't actually jump, but ran off the bridge and went into the water to look for his cousins. Yet, according to police records, no bruises were found on his body and his hair was not wet when the police found him. Hair samples taken that night were completely clean of river silt.

Cummins claim that both cousins were raped was contradicted by the recovery of Julie's body: an autopsy found no signs of sexual assault (Robins Kerry's body was never found). Cummins also failed a polygraph test attesting to his statements about the events of that night.

On behalf of her brother, Jeanine Cummins wrote a book entitled "A Rip in Heaven." In the book she portrays Reggie and the others as thugs who beat her brother and raped her cousins. However, as stated before, no physical evidence of a rape was ever produced and Tom Cummins had no bruises or any signs of a beating.

According to Allyson Rothburg, one of the attorneys currently working on Reggie's case, "The numerous inconsistencies and changes in statements to police show that Tom Cummins was a highly skeptical witness, yet he was one of the star witnesses at the trial of Reggie and his co-defendants."

Shortly after the crime, police discovered a flashlight on the bridge and traced it to 16-year-old Antonio Richardson. Richardson was taken into custody and eventually implicated the other youths--including Reggie.

On May 8, 1991, Cummins met with prosecutor Nels Moss and then with Moss and St. Louis Police Detectives Pappas and Brauer. Cummins identified each of the four co-defendants in four or five person lineups: three African-American youths (Reggie, Marlin Gray, and Antonio Richardson), one white youth (Daniel Winfrey). Cummins accused them of rape, robbery and murder. On this day all charges were dropped against Tom Cummins.

REGGIE'S ARREST, BEATING BY POLICE AND AN "INADEQUATE DEFENSE"

Reginald Byron Clemons was around his house that weekend. His mother, Vera Thomas, recalls, "I heard on the news that Friday that there had been some young ladies thrown off the bridge and they had a suspect." Reggie, age 19 at the time, never reported anything unusual happening that week and Vera felt there was nothing unusual. On Sunday, April 7, two St. Louis Police Detectives, Chris Pappas and John Walsh, went without a warrant to Vera's home and asked to talk to Reggie about a homicide case. In an interview with Confluence, Vera stated, "I did not know what they were talking about, but I told them that it sounds like we need to talk to an attorney." The two detectives dismissed her concerns and reassured her that when everything panned out they would bring Reggie back home.

The detectives did not tell Vera where they would be taking Reggie until she insisted on knowing by following the men and Reggie out to the car. That's when she was handed a card, "City of St. Louis Police," which was "odd" Vera recounts, "Because it was the Northwood Police that was in our jurisdiction."

Vera Thomas did not hear from her son directly until the following Tuesday night and nothing was revealed to her until 7 hours later that Sunday. It was over the phone that Pappas told her that he had some bad news. Reggie was going to be charged with murder. Vera stated, "I tried to see Reggie that Monday, but they told me that I needed to have a marriage license so that I could prove my last name because I had recently remarried."

Reggie's sister, Veronda, did get to see him the day after his arrest, and she told Vera that Reggie had visible signs of abuse. Reggie told her that he and co-defendant Marlin Gray had been beaten during their interrogation by officers Pappas and Brauer in order to coerce a confession to the crime. In fact, during his arraignment, the judge ordered Reggie to be taken to Regional Hospital where the doctors confirmed that Reggie had suffered facial trauma so severe they suggested Reggie come back for plastic surgery in two weeks.

In a confession recorded during the police beating, Reggie maintained his innocence by denying pushing the two girls off the bridge. According to Vera Thomas, "Reggie told me they did away with a cassette tape where he said 'No' when they asked him if he wanted to lose his rights. There was never a waiver statement [confessional statement]. There are so many contradictions between the tape and police reports."

Reggie's original trial lawyers, Robert Contantinou and Jeanene Moenckmeir, were in the process of getting divorced six months before the trial. Moenckmeir, who was responsible for conducting all the pre-trial investigation, unannounced, moved to California unannounced and was working another job while a preparing for Reggie's trial. Michelle Cherande, another attorney working on Reggie's appeal/pardon confirmed in a recent interview: "These attorneys had done so little work that Reggie's mother, who is not even an attorney, was asked to prepare some written questions for certain witnesses." The complaints of the police beating that Reggie and co-defendant Marlin Gray filed with Internal Affairs went nowhere. The jury at the trial was not even allowed to hear or see any evidence of Reggie's beating. Cherande added, "This is really a very unique case in terms of the ineffectiveness of the trial counsel."

THE TRIAL: RACIST MOTIVATIONS AND A CORRUPT PROSECUTOR

Cherande says, "an important issue here is race, and I think it is significant that the police initially charged Cummins [who is white], dropped that, then targeted three black youths. We think that it's also a significant issue that there were four men charged with this crime and the three African-American ones were given the death sentence. But the one white defendant (Daniel Winfrey) was actually given no death sentence and is likely to be paroled, I believe, either this year or next year," in exchange for his testimony against the other three.

Prosecutor Moss knew it would be easier to demonize the other three young black men, including Marlin Gray as the ring leader, so he offered Daniel Winfrey a deal. Moss told Winfrey that he could avoid a life sentence by testifying against the others. With little or no physical evidence to rely on, Moss used the testimony of Winfrey and (of course) Cummins to portray as Gray as violent, manipulative monster who used his authority over the others to commit the crimes after he left the scene.

The Center for Public Integrity, a non-partisan, non-profit organization dedicated to producing responsible investigative journalism, published an article about Nels C. Moss Jr. in 2005. The article, "Breaking the Rules," listed the nation's top prosecutors known for misconduct. Moss is cited as the leading example, and the article called him a "recidivist breaker of all the rules by which prosecutors are supposed to operate." Moss's conduct has been formally challenged in at least 24 cases. During Reggie's trial, the judge held him and criminal contempt and fined him for his conduct.

The jury at Reggie's trial was made up of 10 whites and 2 blacks. Moss used tactics to remove African-Americans from the jury and also planted a detective of the case in the jury pool to influence prospective jurors. This detective lied to get into the jury pool because the first question that you are asked before you serve on jury duty is whether or not you know anyone from the prosecutors' office. Reggie's current lawyers told Confluence that they won an appeal on Reggie's conviction in a Missouri district court. The judge found that Reggie's death sentence should have been overturned because the jury who convicted Reggie had been improperly selected. Moss had directed improper questions to prospective jurors during jury selection. The US Eighth Circuit Court of Appeals reversed that decision and reinstated the death penalty. The judicial system found it much easier to believe that the young black men rather than Cummins were the murderers.

A STRANGE SORT OF JUSTICE

Tried separately, Reggie, Marlin Gray and Antonio Richardson were found guilty and of first degree murder and given death sentences. Antonio Richardson's sentence was commuted to life imprisonment. Marlin Gray was executed by the State of Missouri on October 22, 2005. Reggie awaits his execution date. In April 1995, Thomas Cummins was awarded over $150,000 for allegations of police brutality and non-permanent injuries while he was in custody.

Cherande and Rothberg say they are "considering other possible litigation avenues," but admit they have no pending appeals right now. Rothberg had some optimism, stating, "We feel we have an excellent case for clemency [from Missouri Governor Matt Blunt] given the numerous injustices that Reggie suffered at every turn." She also noted the many grassroots efforts in Missouri and other states for a moratorium on the death penalty.

We cannot say with certainty what happened on the bridge that night, but what we can say is that the testimony used to convict Reggie came from suspect sources: Tom Cummins, who had previously admitted he committed the crime, and Daniel Winfrey, who testified against Reggie in a plea bargain arrangement in order to receive a lighter sentence.

All this begs the question: Is Reggie Clemons sitting on death row because he was an African-American youth in the wrong place at the wrong time?

Related Links on old St. Louis IMC Newswire:
http://archive.stlimc.org/newswire/display/820/index.php
http://archive.stlimc.org/newswire/display/1479/index.php