FEDERAL DEATH PENALTY CASE

FEDERAL DEATH PENALTY CASE -- MISSOURI

KEITH NELSON

General Information

DOB: Nov. 23, 1974
Race: White
Gender: Male

Crime and Trial

District of conviction: Western District of Missouri

Trial judge: Fernando J. Gaitan

Number of counts: 1
Race of victim: White
Gender of victim: Female
Date of crime: Oct. 12, 1999
Date of sentencing: March 11, 2002

Trial Counsel: Patrick J. Berrigan, Susan M. Hunt

Legal status

Current proceedings:

Eighth Circuit appeal of district court’s denial of motion to vacate or set aside sentence pursuant to 28 U.S.C. § 2255 (Case No. 07-3071)

Last judicial decision:

Certificate of appealability denied by district court on Sept. 4, 2007, following denial of 2255 relief on Nov. 21, 2006. (Case No. 4:04-CV-8005-FJG)

Current counsel:

Gary E. Brotherton
601 W. Nifong Boulevard
Building 1, Suite C
Columbia, MO 65203
573-875-1571

David A. Ruhnke
Ruhnke & Barret
47 Park Street
Montclair, NJ 07042
973-744-1000

Reported Opinions:

Conviction and sentence affirmed by United States v. Nelson, 347 F.3d 701 (8th Cir. 2003), cert. denied, 543 U.S. 978 (2004)

Significant legal issues:

adequacy and completeness of mental health and background evidence developed by and known to trial counsel, including history of childhood sexual abuse, fetal alcohol syndrome, organic brain damage and possible schizophrenia

district court’s failure to hold an evidentiary hearing on post-conviction claims, and denial of funding requests for investigate and expert services