GILBERT, LEWIS E.
Gilbert was executed by Oklahoma on July 1, 2003.
General Information
DOB:
Race: White
Gender: Male
Crime and Trial
County of conviction: Callaway
Number of counts: 2 (also under death sentence for 1 murder in Oklahoma)
Race of victim: White
Gender of victim: Male/Female
Date of crime: September 1994
Date of sentencing: January 7, 2002
Trial Counsel: Robert Wolfrum and Jeff Estes
Last counsel of record:
Deborah B. Wafer
Missouri Public Defender System
1221 Locus St.
St. Louis, MO 63103
314-340-7662
Legal status:
Last judicial decision: Conviction and sentence affirmed on direct appeal by State v. Gilbert, 103 S.W.3d 743 (Mo. banc 2003).
Reported Opinions:
--Conviction and sentence affirmed on direct appeal by State v. Gilbert, 103 S.W.3d 743 (Mo. banc 2003).
Significant legal issues (Missouri case only):
--Liability of Mr. Gilbert for first degree murder, since the victim was shot by his co-defendant, and in light of conflicting evidence concerning Mr. Gilbert's whereabouts and participation in the killing itself.
--Unavailability of documentary evidence describing Mr. Gilbert's history of mental illness, where such documents had been destroyed by hospitals or where simply not available.
--Sufficiency of court's curative instruction, and propriety of denying a mistrial, when prosecutor argued called Mr. Gilbert a "serial killer" during his opening statement.