Phillips Black

vincent mcfadden

Current Proceedings: Federal Habeas Corpus, Eastern District of Missouri (as to victim Leslie Addison); Pending decision on petition for writ of HC by McFadden; Denial of Cert. by SCOTUS (as to victim Todd Franklin, Case No. 20-6383)

Case Number: 13SL-CC02170/12SL-CC04870 (St. Louis County); SC97737 (Franklin retrial); SC96453 (Addison retrial)

Judge: Sarah E. Pitlyk

Defendant’s Demographic Information: Black Male

Current Counsel:

Legal Status:

• FPCR, Eastern District of Missouri: Habeas petition due 6/30/2021

• SCOMO denial of 29.15 motion, denial of cert by SCOTUS; Order re: Motion for Extension of Time of 90 Days to File Petitioner's Memorandum in Support of Petition for Writ of Habeas Corpus entered on 08/20/2021

Significant Legal Issues:

• Both convictions and sentences initially reversed because of Batson errors

• Franklin case

  • Prosecutorial misconduct during closing arguments in guilt and penalty phase

  • Trial counsel's ineffectiveness in calling McFadden's co-defendant who contradicted McFadden's defense (and failing to impeach him)

  • Trial counsel's failure to investigate and develop evidence of Mr. McFadden’s violent and disadvantaged childhood neighborhood and to retain an expert to testify to the effects of growing up in this neighborhood

  • Trial counsel's failure to investigate and present expert and PET scan evidence on Mr. McFadden's brain limitations

  • Trial counsel's failure to investigate and present evidence to rebut prior bad acts of assault, and failed to present evidence disproving the Addison murder

• Addison case

  • Trial counsels’ failure to investigate and move to exclude juror with prior knowledge of McFadden

  • Trial counsel's failure to impeach the single eyewitness to the crime

  • Prosecutorial misconduct during closing arguments in guilt and penalty phase

  • Trial counsel's failure to investigate and develop evidence of Mr. McFadden’s violent childhood and neuropsychological impairments, and to retain an expert to testify to the effects of his background

  • Excessive evidence and argument about another murder violated due process

  • Exclusion of jurors in violation of WitherspoonBoth convictions and sentences initially reversed because of Batson errors

Last Judicial Decision Related to Conviction or Sentence:

• As to victim Addison: 29.15 denial affirmed by SCOMO in McFadden v. State, 553 S.W.3d 289 (Mo. 2018) (rehearing denied) (SC96453)

• As to victim Franklin: 29.15 denial affirmed by Missouri Supreme Court, April 14, 2020 (SC 97737)

Reported Opinions:

As to victim Leslie Addison:

• 29.15 denial affirmed on appeal in MCFadden v. State, 553 S.W.3d 289 (Mo. 2018)

• Conviction and sentence affirmed on direct appeal following retrial. See State v. McFadden, 391 S.W.3d 408 (Mo.), cert. denied, 134 S. CT. 65 (2013)

• Conviction and sentence reversed on direct appeal by State v. McFadden, 216 S.W.3d 673 (Mo.), cert. denied, 552 U.S. 942 (2007)

As to victim Todd Franklin:

• Denial of cert. by the Supreme Court of the US (not yet in reporter, case no: 20-6383)

• 29.15 denial affirmed on appeal in McFadden v. State, (not yet in reporter, Case no: SC97737) (2020)

• Conviction and sentence affirmed on direct appeal following retrial. See State v. McFadden, 369 S.W.3d 727 (Mo.), cert. denied, 133 S. CT. 573 (2012)

• Conviction and sentence reversed on direct appeal by State v. McFadden, 191 S.W.3d 648 (Mo.), cert. denied, 549 U.S. 1071 (2006)

Prior Counsel:

• Robert Winthrop Lundt and Valerie Sue Leftwich (Leslie Addison)

• William J. Swift, Valerie Sue Leftwich, Robert Winthrop Lundt, and Jeannie Marie Willibey (Todd Franklin)

Conviction County: St. Louis County

Counts: 2 (tried separately)

Victim Demographic:

• Black Female

• Black Male

Crime Date:

• 07/03/2002 (Todd Franklin)

• 05/15/2003 (Leslie Addison)

Sentencing Date:

• 03/15/2005 (Todd Franklin -1st trial)

• 05/24/2006 (Leslie Addison - 1st trial)

• 09/14/2007 (Todd Franklin - 2nd trial)

• 06/12/2008 ( Leslie Addison-2nd trial)

Trial Counsel: Sharon Turlington and Karen Kraft (all four trials)

Trial Judge: Gary Gaertner

Trial Prosecutor:

• Keith Larner

• Jennifer Winfield