Death row inmate who killed jail guards requests penalty phase retrial

10 months 3 weeks 3 days ago Wednesday, September 28 2016 Sep 28, 2016 Wednesday, September 28, 2016 11:52:00 AM CDT September 28, 2016 in News
By: Kiara Ealy, KOMU 8 Reporter
loading

JEFFERSON CITY - The Missouri Supreme Court held a hearing on convicted murderer Michael Tisuis' suit against the state Wednesday to evaluate whether he received fair counsel representation in his 2010 penalty phase retrial and whether or not he should be sentenced to death.

Tisius was convicted on two counts of first-degree murder and sentenced to death for the June 2000 shooting deaths of Randolph County Jail guards Leon Egley and Jason Acton. The murders took place at the county jail, where Tisius attempted to free his former cellmate.

Tisius was granted a new penalty phase retrial for July 2010; however, a jury recommended the death penalty, and the Missouri Supreme Court agreed with the judgment. Since then, Tisius has again sought post-conviction relief, which the circuit court denied

Wednesday's hearing is part of Tisius' appeal to the circuit court's denial in relation to events that took place while he's been at Potosi Correctional Facility. 

The questions brought up in Tisius' appeal include whether counsel should have presented evidence to explain why Tisius had a "boot shank" in his cell; rebut any suggestion from one jail guard's testimony that Tisius was "bragging" about his offense; and to rebut another jail guard's testimony that Tisius mimicked or displayed gun hand gestures toward her. 

William J. Shaft represents Tisius and said the factors contribute to how Tisius can allegedly be perceived as a danger to others in the correctional facility and why evidence presented at the retrial was one-sided. 

"It [the boot shank] is not related to the actual killing of the two guards, but it was introduced as aggravation as to why he posed a threat to people at Potosi because it was alleged he had the shank, and he could have used it to hurt someone at Potosi," Shaft said. "It doesn't go to the actual facts of the crime itself; it goes to why he should be sentenced to death."

Richard A. Starnes represent the State of Missouri, countering Shaft's claims.

"While the state argued it's a weapon, the evidence didn't establish that appellant conceded that it was a weapon - but the plea transcript did that," Starnes said. "The appellant that the crime that he was pleading to and the evidence showed that the boot shank itself was an object that could be use in such a manner to endanger life or limb."

Tisius' said he kept the boot shank for self defense purposes. 

More News

Grid
List
CALLAWAY COUNTY - Callaway County Sheriff's deputies, state troopers and a SWAT team on Wednesday surrounded a home where an... More >>
34 minutes ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 5:55:00 PM CDT August 23, 2017 in News
COLUMBIA - On Friday, The University of Missouri Board of Curators are expected to approve the Memorial Stadium South Expansion... More >>
2 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 3:58:00 PM CDT August 23, 2017 in News
JEFFERSON CITY - Missouri Gov. Eric Greitens once again pushed for Sen. Maria Chappelle-Nadal (D-St. Louis) to resign after her... More >>
2 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 3:42:00 PM CDT August 23, 2017 in News
COLUMBIA – Graduate students at the University of Missouri say while they've achieved a lot of success in the past... More >>
2 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 3:41:00 PM CDT August 23, 2017 in News
COLUMBIA – The solar eclipse has come and gone, and Columbia is saying the once-in-a-lifetime event brought around $1.36 million... More >>
2 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 3:39:00 PM CDT August 23, 2017 in News
JEFFERSON CITY, Mo. (AP) — Gov. Eric Greitens announced appointments to several boards and commissions, including three new members of... More >>
3 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 3:25:30 PM CDT August 23, 2017 in News
COLUMBIA - Traffic in downtown Columbia is already chaotic, especially due to the ongoing construction near campus. Throw in... More >>
3 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 3:25:00 PM CDT August 23, 2017 in News
COLUMBIA - The Powerball jackpot has reached its' second highest total in history, estimated at $700 million, which someone could... More >>
3 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 2:30:00 PM CDT August 23, 2017 in News
COLUMBIA - Columbia police are looking for the man they say fired shots at a vehicle. Investigators say a... More >>
4 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 2:26:43 PM CDT August 23, 2017 in News
CUBA, Mo. (AP) — A Native American tribe in Oklahoma is hiring lobbyists in its bid to open a casino... More >>
4 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 2:16:26 PM CDT August 23, 2017 in News
ST. LOUIS (AP) — Three people are recovering from injuries after strong turbulence forced a regional airline plane to divert... More >>
4 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 2:05:07 PM CDT August 23, 2017 in News
ST. LOUIS (AP) — Just months after dismantling a Confederate memorial, the city of St. Louis has torn up a... More >>
5 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 1:04:28 PM CDT August 23, 2017 in News
JEFFERSON CITY (AP) — There's a new website aimed at providing sexual harassment resources to interns following past allegations... More >>
5 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 12:37:57 PM CDT August 23, 2017 in News
JEFFERSON CITY (AP) — Missouri Governor Eric Greitens says if a state lawmaker who expressed hope on Facebook that... More >>
6 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 12:25:00 PM CDT August 23, 2017 in News
AURORA (AP) - A former Aurora school superintendent is no longer facing a misdemeanor charge of failing to report child... More >>
7 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 11:23:00 AM CDT August 23, 2017 in News
HILLSBORO (AP) — Authorities say an eastern Missouri woman who is charged with fatally shooting her sleeping boyfriend told investigators... More >>
7 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 10:54:00 AM CDT August 23, 2017 in News
BOONE COUNTY - Deputies arrested a man on Tuesday on suspicion of sexually assaulting an underage female in June. ... More >>
8 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 9:39:00 AM CDT August 23, 2017 in News
The Powerball jackpot climbs to $700 million, giving players a chance to dream of winning the second-largest lottery prize in... More >>
10 hours ago Wednesday, August 23 2017 Aug 23, 2017 Wednesday, August 23, 2017 8:13:00 AM CDT August 23, 2017 in News
Columbia, MO
Broken Clouds 77°
7pm 76°
8pm 70°
9pm 67°
10pm 64°

Select a station to view its upcoming schedule:

Coming Up Next

6:00p
KOMU 8 News @ 6
6:30p
Wheel of Fortune
7:00p
America's Got Talent
6:00p
Family Guy
6:30p
Family Guy
7:00p
Arrow

Tonight's Schedule

7:00p
America's Got Talent
8:01p
Marlon
8:30p
Marlon
9:00p
Law & Order: Special Victims Unit
7:00p
Arrow
8:00p
Supernatural
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld