Nationally between 2-5% of incarcerated people are innocent. In Missouri those wrongfully convicted have insurmountable obstacles to proving their innocence. One notable example occurred in the Mo Supreme Court hearing concerning Joe Amrine, who was on death row and facing execution. Justice Stith asked the Asst. AG “Are you suggesting... even if we find that Mr. Amrine is actually innocent, he should be executed?” The AG responded “That is correct, your honor.” Mr. Amrine was convicted primarily due to perjured testimony of jailhouse informants.
SB 1271 Summary
1) Tracking use and benefits provided to informants. The bill requires each circuit attorney’s office to maintain a central record that tracks each case in which an informant is endorsed by the state to testify against a suspect or defendant’s interest. Each circuit attorney’s office shall send the information to the Missouri Department of Public Safety, which shall maintain a statewide record of the information.
2) Discovery. A circuit attorney shall disclose all informants who have been endorsed by the state and specified information pursuant to Rule 25 of the Missouri Criminal Procedures.
3) Pre-Trial Reliability Hearing. In all felony cases in which the state intends to introduce the testimony of an informant, and upon motion of the defendant, the court shall conduct a pre-trial hearing to determine whether the testimony of the informant is reliable, and unless the circuit attorney shows by a preponderance of the evidence that the informant is reliable, the court shall not allow the testimony to be heard at trial.
4) Jury Instruction. If the testimony of the informant is admitted into evidence at trial, the court shall instruct the jurors to consider specific facts when assessing the testimony of the informant.
5) Victim Notification. If an informant receives leniency related to a pending charge, conviction, or sentence for a crime against a victim, in connection with offering or providing testimony against a suspect or defendant, the prosecutor shall notify the victim of the informant.
How Informant Reform will help stop the wrongful conviction of innocent people
Ensure transparency through a state-wide centralized record system that tracks the use of informant testimony and the benefits offered by the State to each informant.
Make available information about the person testifying as an informant including criminal history, the benefits offered to the informant in exchange for testimony, and information on other cases the informant has provided testimony for, among other things.
Prioritize fairness through Pretrial Reliability Hearings in all felony cases that use informant testimony upon request from the defendant. The hearings will determine whether the testimony of the informant is reliable, and unless the circuit attorney shows by a preponderance of the evidence that the informant is reliable, the testimony cannot be used.
Create jury instructions if the testimony of the informant is admitted into evidence at trial.
Notify victims of the informant, if an informant receives leniency related to a pending charge, conviction, or sentence for a crime in connection with offering or providing testimony against a suspect or defendant.