Execution of Michael Tisius in MO halted by federal judge, who orders hearing on juror

A federal judge has ordered a Missouri man’s execution be halted until a hearing on a juror’s literacy can be held.

Michael Tisius, 42, was set to die by lethal injection on Tuesday, June 6.

Late last month, his legal team made what they described as a “startling discovery”: One of the jurors was not able to read or write.

According to Missouri law, a person is disqualified from serving on a jury if they are unable to read, speak and understand English.

Keith O’Connor, an attorney for Tisius, said the juror could not read the diagrams, letters or expert reports admitted into evidence.

According to a declaration signed April 29, the man said a courthouse employee helped him fill out his juror questionnaire. The questionnaires were destroyed within a year of Tisius’ sentencing. The declaration was read to him by a witness because he cannot read.

Tisius’ attorneys said they did not know if prosecutors were aware that the juror was unqualified.

The issue was presented to the Missouri Supreme Court, which struck down the motion. Tisius’ attorneys then brought it to federal court.

In an order Wednesday, U.S. District Judge Stephen R. Bough wrote that a brief stay of execution was warranted. Bough ordered an evidentiary hearing.

The Missouri Attorney General’s Office has filed a notice of appeal.

Tisius was 19 when he shot and killed Jason Acton and Leon Egley, two guards at the Randolph County jail, during a botched escape attempt in 2000.

Several groups including the American Bar Association, the Inter-American Commission on Human Rights and the NAACP have called on Gov. Mike Parson to grant Tisius clemency. They cite Tisius’ remorse, his age and brain development at the time of the double homicide, and missteps by his attorney during sentencing.

This story was originally published May 31, 2023 at 11:21 AM.

Katie Moore

The Kansas City Star

816-234-4312

Katie Moore was an enterprise and accountability reporter for The Star. She covered justice issues, including policing, prison conditions and the death penalty. She is a University of Kansas graduate and began her career as a reporter in 2015 in her hometown of Topeka, Kansas.