Larry Griffin (Missouri) Case Chart   Case Summary

Name/DOC #

Larry Griffin

Address

Potosi Correctional Center/deceased

Date of Birth

September 23, 1954

Race

Black

Date of Crime

June 26, 1980

Age Time of Crime

25

Date Sentenced

August 7,1981

Victim(s)

Quintin Moss

Race of Victim(s)

Black

Relationship to Defendant

Suspected murderer of Griffin's brother, Dennis.

Facts Alleged by State

Griffin shot Moss from a moving car at the intersection of Sarah and Olive in St. Louis, Missouri.

County of Trial

City of St. Louis

Trial Judge

Gallagher

Trial Attorney

Frederick Steiger

Prosecutors

Gordon Ankney

Trial By

Judge and Jury

Race of Jurors

Convicted of

Capital murder

Confession

None

Accomplice Testimony

None

Eyewitness Testimony

Unreliable photo identification by sole eyewitness

Robert Fitzgerald, who later recanted his in-court identification of Griffin.

Forensic Testimony

None of Griffin’s fingerprints found on car

None of Griffin’s fingerprints found on murder weapons.

Jailhouse Snitch

N/A (Prosecution denied there was a plea bargain in exchange for Fitzgerald's testimony but he was released from custody having had his sentence reduced to time served for credit card fraud charges on the day Griffin was convicted.)

Defendant Testimony

Did not testify

Principal Exculpatory Evidence

Testimony of Kerry Caldwell, an actual participant in the killing, that Griffin was not involved.

New eyewitness (Jimmy Massey) stated Griffin not involved.

Sentencing Authority

Statutory Aggravating Factor

The circumstances of the shooting created a risk of danger to other persons.

Non-Statutory Aggravating Factor

N/A

Mitigating Factors

Actual Innocence

Death penalty disproportionate sentence for drive-by shooting

Defendant did not receive a fair trial.

Evidence of Mental Illness Retardation and or Neurological Damage

N/A

Criminal History

Shoplifting and burglary - details not known

Appellate History

See page 9 clemency petition

Ineffective Assistance?

At trial:

· Failure to present relevant evidence that Griffin was left-handed

· Inadequately investigated alibi defense collapsed in court

· Failure to discover and utilize information undermining Fitzgerald's credibility.

· No preparation for penalty phase.

Police Misconduct?

Police presented photo of Griffin to Fitzgerald and suggested he was involved before actual photo identification.

Prosecutorial Misconduct?

· Prosecutor referred to Griffin's failure to testify

· Failed to reveal Fitzgerald's conviction

· Failed to disclose that Robert Campbell was an available witness.

· Fitzgerald plea bargain not disclosed

Appellate Counsel

Frederick Steiger (Direct Appeal to Missouri Supreme Court)

Kent E. Gipson (Federal Habeas)

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