THE CRIME

In February 1982, someone robbed a St. Louis gas station and fatally shot Donald Voepel, Jr., an 18-year old attendant. It was a contemptible crime. We extend our sincerest sympathies to Voepel's family. It is probable that Robert Wishon was involved in the crime; it is possible that Stephen Johns was as well. Johns was convicted of murder and sentenced to death, but he maintains that he is innocent.

ISSUES

Arbitrary capital punishment. Wishon bargained with prosecutors and pled guilty to 2nd degree murder. Johns went to trial and was sentenced to death.

Questionable evidence of guilt. There were no other eyewitnesses to the murder.

Incompetent legal representation. Johns's trial attorney neglected to call a single witness during his client's sentencing phase of the trial. Johns's attorney was later disbarred for other incompetent representation.

Unlawful jury instructions. The trial judge wrongly told jurors they merely needed to find either Wishon or Johns had deliberated to kill Voepel in order to impose death for Johns.


Imagine being told you’ll be killed one day for a murder, you insist you didn’t commit, then told—after 18 years in prison—that death date is now set. Most might call it torture, cruel and unusual punishment; Missouri officials call it justice. It’s the reality of Stephen Johns. The state plans to kill him late Tuesday night, in the first minutes of October 24. He’d be the 53rd person executed since 1989 in Missouri (the 3rd most-murderous U.S. state).

There’s no doubt Robert Wishon and quite likely Johns robbed a St. Louis gas station in February 1982. One of them fatally shot Donald Voepel, Jr., an 18-year old attendant, three times in his head. It was a contemptible crime. We extend our sincerest sympathies to his family for their horrible loss. We fail to understand though how killing another human, causing the relatives and friends of Johns to mourn the loss of their loved one, could help heal the Voepels and our society. His execution will most certainly, however, again make killers of all Missourians. Several other issues are also troubling,….

Wishon bargained with prosecutors (but didn’t testify against Johns)--and pled guilty to 2nd degree murder. He already completed his prison sentence but has twice since been re-confined for parole violations. Johns has always said he didn’t rob nor shoot Donald Voepel. He went to trial and was sentenced to death.

There were no other eyewitnesses to the murder. Linda Klund testified in exchange for having capital murder charges dropped-- to being the driver for the robbery. Her conflicting testimony has never more strongly implicated Johns of the killing. During one hearing, she
testified seeing Wishon hand the gun to Johns after leaving the gas station. Johns in turn handed the weapon to her to hide. Albert Keener contended Johns told him he committed the shooting. Prosecutors declined to tell jurors and Johns attorney that Keener agreed to
testify only after learning the Onyx oil company would pay a couple thousand dollar reward for evidence leading to the conviction of the murderer. David Smith also testified, "sometime in a tavern [Johns] said he never left any witnesses." Smith under cross examination, admitted being upset with Johns, as he believed Johns had stolen his car and caused a break up with his girlfriend.

John’s trial attorney neglected to call a single witness during his client’s sentencing phase of the trial. Johns’s attorney was later disbarred for other incompetent representation. Jurors
for instance never learned Johns’ only prior criminal offense (during more restrictive times) was a misdemeanor for selling pornography at an adult bookstore, according to the court’s pre-sentencing investigation (which also cited his "stable employment record"). Johns’s parents were willing to testify as were other relatives and friends. They would have noted his devoted care-taking both of his younger brother, born deaf and forced to wear a colostomy bag, and a younger deaf step-brother, plus his own upbringing marred by frequent, violent corporal punishment.

The trial judge wrongly told jurors they merely needed to find either Wishon or Johns had deliberated to kill Voepelin—to impose death for Johns. Sadly ironic, his current attorneys
recall on this issue, "the Missouri Supreme Court overruled its decision in Mr. Johns’s case by name," even using it as precedence in at least one other criminal case"—yet has "left (Johns’s) unlawful judgement in place."

For more information contact Jeff Stack (573-449-4585) or Mike Murray (573-657-5546).