ACLU URGES GOVERNOR TO REVIEW LINGAR CASE
Inconsistent Testimony, Attorney's Failure to Introduce Evidence, and Improper Consideration of Sexual Orientation Raise Concerns
St. Louis, January 31, 2001: Citing disturbing legal issues, the ACLU of Eastern Missouri today urged Governor Holden to commute the sentence of Stanley Lingar, who is scheduled to be executed by the State on Feb. 7.
'Execution is permanent and irreversible and should not be employed where there are doubts about the sufficiency of the sentence,' said Matt LeMieux, Executive Director of the ACLU-EM. 'Because of several troubling issues in Stanley Lingar's case, we hope the Governor will reconsider his upcoming execution.'
Lingar, who was sentenced to death for the 1985 murder of Thomas Scott Allen, was convicted based on the testimony of his co-defendant, David Smith, despite there being inconsistencies between Smith's version of events and the medical evidence. Lingar's attorney, who had never tried a capital case, failed to present evidence concerning Lingar being borderline mentally retarded, and other evidence suggesting that Smith in fact had the leading role in the crime. Smith had his sentence reduced in return for his testimony, and he is a free man today, while Lingar is days away from execution.
One of the most troubling aspects of Linger's case occurred during the sentencing phase of the trial with the introduction of irrelevant and inflammatory evidence of Lingar's sexual orientation. In a 1998 brief filed in the Eighth Circuit Court of Appeals, the ACLU argued that prosecutors improperly used Linger's sexual orientation to inflame the primarily rural and conservative jury. Incredibly, this was the only aggravating evidence presented by the prosecution during the penalty phase. Despite recognizing the introduction of such evidence as improper, the Court of Appeals nevertheless refused to reconsider Lingar's sentence.
'This case further demonstrates the arbitrary nature of the death penalty in Missouri,' added LeMieux, 'where a death sentence can result from a variety of factors beyond the nature of the crime, including the quality of legal representation, prejudicial evidence, and the dynamics of crimes involving co-defendants, where one is offered a plea bargain in return for testimony against the other.'
?January 31, 2001
?ACLU of Eastern Missouri
The Honorable Bob Holden?Governor of Missouri?State Capitol, Room 216?Jefferson City, MO 65102-0720
RE: In the Matter of Stanley Lingar CP-45
?Dear Governor Holden,
We write to urge you to commute the death sentence of Stanley Lingar, who is scheduled for execution on February 7, 2001. While we certainly do not condone his crime and have sympathy for the family of Thomas Scott Allen, there are issues in Lingar's case that make his pending execution extremely troubling.
We are troubled by the introduction of the irrelevant and potentially inflammatory evidence of Stanley Lingar's sexual orientation during the sentencing portion of his trial. This was the only aggravating evidence presented by the prosecution at the penalty stage, and it appears to have been used only to enrage the rural, conservative jury. Several years ago, our office filed an amicus brief in Lingar's case arguing that this evidence was prejudicial, and that his sentence should be reconsidered. The courts, despite recognizing that the use of this evidence was improper, nevertheless refused to overturn the death sentence.
It is also troublesome that the prosecution based its case on the testimony of a co-defendant who was granted leniency in return for testimony, and whose version of events was inconsistent with the medical evidence. Lingar's attorney failed to present evidence that Lingar is borderline mentally retarded, and that he has been diagnosed with a passive/dependent personality disorder, further suggesting that the co-defendant had the leading role in the crime. Yet, the co-defendant is now a free man, and Lingar is days away from execution.
In addition, Lingar's trial attorney, who had no prior experience with capital cases, made numerous mistakes throughout the trial. He failed to present important mitigating evidence, including Lingar's depressive and acute paranoid disorder, his remorse, history of sexual abuse, and his potential for rehabilitation.
Accordingly, because of these disturbing factors, we urge you to reconsider the upcoming execution of Stanley Lingar. Execution is permanent and irreversible and should not be employed where there exists serious doubts about the sufficiency of the sentence. Thank you for your consideration. Please let me know your position in this matter.
Sincerely,
MATT LEMIEUX
Executive Director