John Middleton is scheduled to die by lethal injection on Wednesday for three 1995 murders. His attorneys say they have new evidence that proves their client did not commit the crimes.
AP Photo/Missouri Department of Corrections
Missouri is scheduled to execute John Middleton, 54, on Wednesday at 12:01 a.m., for three murders that his lawyers insist he did not commit.
His lawyers say they have uncovered new evidence that gives Middleton an alibi for one of the murders for which he was convicted, and incriminates two other men in the killings. They have filed a petition to the Eighth Circuit Federal Court of Appeals that claims that on the day one of three men was killed, Middleton was being held in an Iowa jail 40 miles away from the murder scene.
"It's hard to think of a more iron-clad alibi than that," the prisoner's attorney, Joseph Perkovich, told The Guardian.
An affidavit signed by an unnamed witness in February also suggests that two other men may have committed the drug-related killings of three people in northern Missouri for which Middleton was convicted.
Perkovich blamed police and prosecutors for botching the investigation and allowing the real killers to make a case against their client.
Middleton's lawyers have also asked the Missouri Supreme Court for a new trial and have filed a separate case in the U.S. District Court claiming that he is too mentally ill to be executed.
Middleton was a meth dealer in Missouri in the 1990s. He was sentenced to death for killing three men, Randy Hamilton, Stacey Hodge, and Alfred Pinegar, suspected to be police informants or "snitches."
However, The Guardian reports that Middleton was convicted of Hodge and Hamilton's murder without the backing of DNA or forensic evidence. Pinegar, the third victim who was a drug dealer himself, was said to be murdered on June 23, 1995. However, new forensic evidence suggested that he was killed a day later when Middleton was actually being held in an Iowa jail on suspicion of a misdemeanor.
In addition, Middleton's lawyers say they have an affidavit of a witness who said he was beaten up with a baseball bat by two prominent meth dealers who then showed him a dead body which the witness later identified as Pinegar's.
The witness said that the two meth dealers thought he was a snitch and showed him Pinegar's body as a threat. According to his affidavit, one of the meth dealers told him, "There's already been three people killed. You want to be number four?"
Middleton's lawyers allege that these two men, one of whom is serving a seven-year sentence and the other, who is not incarcerated, killed the three victims.
So far, Missouri has dismissed the new evidence. The state's attorney general Chris Koster said Middleton has "manufactured" the alleged discrepancies in the forensic evidence two decades after the crimes. Koster also dismissed the testimony of the witness saying he is not "credible after having waited nearly two decades to make his current statement."
A new study in August found that almost four percent of U.S. capital punishment sentences are wrongful convictions, meaning approximately 120 of the roughly 3,000 inmates on death row in America might not be guilty.