SIX, ANDREW W.
General Information
DOB: May 14, 1965
Race: White
Gender: Male
Crime and Trial
County of conviction: Schuyler
Number of counts: One
Race of victim: White
Gender of victim: Female
Date of crime: April 10-11, 1987
Date of sentencing: September 7, 1988
Date of execution: August 20, 1997
Legal status:
Trial Counsel:
Thomas Marshall and Gregory Robinson
Last counsel of record:
Cheryl A. Rafert
P.O. Box 19763
St. Louis, MO 63144
314-963-9697
Leo N. Griffard, Jr.
P.O. Box 170199
Boise, ID 83717-0199
208-331-0610
Last judicial decision:
--Petition for habeas corpus (under U.S. Supreme Court original jurisdiction) and application for stay of execution denied by In re Six, 521 U.S. 1140 (1997).
Reported Opinions:
--Conviction, sentence, and denial of post-conviction relief affirmed by State v. Six, 805 S.W.2d 159 (Mo. banc), cert. denied, 502 U.S. 871 (1991).
--Habeas corpus denied by Six v. Delo, 885 F. Supp. 1265 (E.D. Mo. 1995), aff'd, 94 F.3d 469 (8th Cir. 1996), cert. denied, 520 U.S. 1255 (1997).
--Petition for habeas corpus (under U.S. Supreme Court original jurisdiction) and application for stay of execution denied by In re Six, 521 U.S. 1140 (1997).
Significant legal issues:
--trial counsel's effectiveness in failing to present mitigating evidence concerning Mr. Six's hyperactivity, neglected upbringing in seriously dysfunctional home, and hearing loss
--penalty phase instruction effectively requiring jury to find mitigating circumstances unanimously
--finding of aggravating circumstances and sentence of death imposed by judge after jury deadlocked, without judge ascertaining whether jury unanimously found any aggravating circumstances to exist
--prosecutor's improper penalty-phase arguments regarding Mr. Six's "lack of remorse" (read: silence in the courtroom), the performance of Mr. Six's "eloquent" attorney, contention that jurors "knew in their heart" that Mr. Six (rather than his accomplice) had committed the murder in question, and urging jury to "send a message"