Missouri Man's Fate Hangs on Supreme Court Decision as Execution Nears

Brian Dorsey, 52, is scheduled to be executed by injection on Tuesday night at the state prison in Bonne Terre. The fate of the Missouri man convicted of killing his cousin and her husband nearly two decades ago appears to rest with the U.S. Supreme Court, with just hours to go before the scheduled execution. The governor has turned down a clemency request, and two appeals are still pending before the U.S. Supreme Court.

Legal Battles

One appeal focuses on Dorsey's record of good behavior since his incarceration, while the other argues that his trial lawyers had a conflict of interest. The appeal states that the pair of public defenders were paid a $12,000 flat fee that provided them with no incentive to invest time in his case. On their recommendation, Dorsey pleaded guilty despite having no agreement with prosecutors that he would be spared the death penalty.

Upcoming Executions

Dorsey would be the first person in Missouri put to death this year after four executions in 2023. Another man, David Hosier, is scheduled for execution on June 11 for killing a woman in 2009. Nationally, four men have been executed so far in 2024 - one each in Alabama, Texas, Georgia, and Oklahoma.

Dorsey's Crimes

Dorsey was convicted of killing Sarah and Ben Bonnie on Dec. 23, 2006, at their home near New Bloomfield. Prosecutors said that earlier that day, Dorsey called Sarah Bonnie seeking to borrow money to pay two drug dealers who were at his apartment. Dorsey went to the Bonnies' home that night, took a shotgun from the garage, and killed both of them before sexually assaulting Sarah Bonnie's body. After the killings, he stole several items from the home and tried to pay off a drug debt with some of the stolen goods.

Rallying to Dorsey's Defense

Attorneys for Dorsey said he suffered from drug-induced psychosis at the time of the crime. In prison, he's gotten clean, they said. Dozens of correctional officers have attested to his remorse, transformation, and commitment to service. In a letter to the governor, former Missouri Supreme Court Justice Michael Wolff stated that Dorsey is uniquely deserving of mercy and that the decision to turn aside an appeal of his death sentence in 2009 was wrong.

Execution Procedure Questioned

Dorsey's execution raised new concerns about Missouri's protocol, which includes no provision for the use of anesthetics. His attorneys described him as obese, diabetic, and a former intravenous drug user, all factors that could make it difficult to obtain a vein to inject the lethal drug. A federal lawsuit on behalf of Dorsey argued that without a local anesthetic, he would be in so much pain that it would impede his right to religious freedom by preventing him from having meaningful interaction with his spiritual adviser, including the administration of last rites.