GRIFFIN, LARRY
General InformationDOB: September 23. 1954
Race: African-American
Gender: Male
Crime and Trial
County of conviction: St. Louis City
Number of counts: Two
Race of victim: African-American/African-American
Gender of victim: Male/male
Date of crime: June 26, 1980
Date of sentencing: August 13, 1981
Date of execution: June 21, 1995
Legal status:
Trial Counsel:
Frederick Steiger
Last counsel of record:
Kent E. Gipson
Public Interest Litigation Clinic
305 E. 63rd St.
Kansas City, MO 64113
816-363-2795
Last judicial decision:
--Denial of habeas affirmed by Griffin v. Delo, 33 F.3d 895 (8th Cir. 1994), cert. denied, 514 U.S. 1119 (1995).
Reported Opinions:
--Conviction and sentence affirmed on direct appeal by State v. Griffin, 662 S.W.2d 854 (Mo. banc 1983), cert. denied, 469 U.S. 873 (1984).
--Denial of post-conviction relief affirmed by Griffin v. State, 748 S.W.2d 756 (Mo. App. E.D. 1988).
--Denial of habeas affirmed, then vacated and remanded (on rehearing) for further proceedings by Griffin v. Delo, 946 F.2d 1356 (8th Cir. 1991), rehearing granted, opinion vacated by Griffin v. Delo, 961 F.2d 793 (8th Cir. 1992), cert. denied, 506 U.S. 904 1992).
--Denial of habeas reversed and remanded for further proceedings by Griffin v. Delo, 16 F.3d 959 (8th Cir. 1994).
--Denial of habeas affirmed after remand by Griffin v. Delo, 33 F.3d 895 (8th Cir. 1994), cert. denied, 514 U.S. 1119 (1995).
Significant legal issues:
--Claim of actual innocence based upon (i) the recantation of the only eyewitness, Robert Fitzgerald, who had earlier stated that Mr. Griffin was a participant in the drive-by shootings at issue, (ii) the fact that Fitzgerald received favorable treatment in return for his testimony, having been sentenced to time served on his pending charges and having been released from jail on the day of Mr. Griffin's conviction, and (iii) the admission of Kerry Caldwell that he and three other individuals were involved in the shooting, and that Mr. Griffin was not involved (This admission came after he was granted immunity by the federal government for numerous murders and other criminal acts in connection with his agreement to testify in United States v. Jerry Lewis-Bey).
--Trial counsel's failure to investigate his own alibi defense, which was debunked by the prosecution at trial, and failure to investigate and present evidence (i) to disprove Fitzgerald's testimony that the killer shot the gun with his right hand (Mr. Griffin was left-handed), and (ii) to discredit Fitzgerald by demonstrating the circumstances under which Fitzgerald was placed in the federal witness protection program as a quasi-professional "snitch" against various other defendants
--prosecutor's improper arguments during the guilt and penalty phases regarding Mr. Griffin's failure to testify
--penalty phase instruction that effectively required the jury to find mitigating circumstances unanimously in order to give them effect, in violation of Mills v. Maryland