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 Griffins fingerprints found on car None of Griffins 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? |
|
|
Appellate Counsel |
Frederick Steiger (Direct Appeal to Missouri Supreme Court) Kent E. Gipson (Federal Habeas) |