IN THE SUPREME COURT FOR THE STATE OF MISSOURI

KIMBER EDWARDS, ) ) Plaintiff, ) ) v. ) ) NO. SC84648 STATE OF MISSOURI, ) ) Respondent. ) )

MOTION FOR STAY OF EXECUTION

Appellant Kimber Edwards moves this Court for a stay of execution now

scheduled for the 24-hour period beginning at 6:00 p.m. on May 12, 2015. Mr. Edwards

states the following in support of the motion for stay of execution:

1. On March 26, 2015, this Court entered its order setting Mr. Edwards

execution for May 12, 2015.

2. Kent E. Gipson and Jeremy S. Weis currently represent Mr. Edwards.

Both counsel serve by appointment of the United States District Court for the Eastern

District of Missouri.

3. Counsel conferred this date regarding the work to be completed before the

scheduled execution. Counsel have undertaken significant steps to complete the

necessary clemency tasks up to this point but continue to work on the clemency

investigation, investigating possible Ford claims, as well as continuing the litigation

related to the lethal injection procedures used by the State of Missouri (Zink v. Lombardi,

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Case No. 1402220 (8th Cir.)). Counsel have developed a division of labor for the

outstanding work to be completed.

4. Mr. Gipson is counsel of record for petitioner Scott McLaughlin, a man

facing a sentence of death, in McLaughlin v. Steele, Case No. 12-cv-1464-CDP, currently

pending in the United States District Court for the Eastern District of Missouri. That

Court issued an order on March 25, 2015, setting an evidentiary hearing to be held in St.

Louis, Missouri on May 11, 2015 at 9:00 a.m. (Exhibit A). Mr. Gipsons attendance

and preparation for the hearing is required and essential to the matter pending before the

federal court.

5. Mr. Weis is counsel of record for defendant Daniel Rascon Frias, United

States v. Jose Ramirez, et. al., Case No. 12-cr-00379-HFS. Mr. Frias has been in-custody

since December 19, 2012, and his jury trial has been scheduled to begin on May 4, 2015.

(Exhibit B). The trial of this federal drug conspiracy is expected to last two weeks and

would encompass the scheduled execution set for Mr. Edwards. The lead defendant in

this matter, Jose Luis Ramirez, is also in-custody and will be proceeding to trial on May

4, 2015, as well.

6. The timing of the conflicts for counsel could not have been anticipated and,

in the case of the federal jury trial, has been set for several months. Counsel would be

unable to devote the necessary time to the outstanding work to be completed in support

of Mr. Edwards clemency petition because of the preparation and time investment

necessary to prepare for the hearing and trial.

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7. Mr. Edwards is entitled to due process protection throughout the clemency

process. Young v. Hayes, 218 F.3d 850, 853 (8th Cir. 2000). The assistance of counsel is a

necessary component of the due process protection. Further, Mr. Edwards is entitled to

counsel to pursue proceedings designed to stay or prevent his execution. See 18 U.S.C.

3006A and 18 U.S.C. 3599; see also McFarland v. Scott, 512 U.S. 849, 856 (1994).

This Court has recognized the importance of counsel during the clemency process when

it correctly stayed the execution of Leon Taylor when his counsel had similar scheduling

issues. This Court ultimately re-set Mr. Taylors execution two months later allowing his

counsel adequate time to prepare the essential clemency materials.

8. The motion to stay is being made to allow counsel to adequately represent

all of their respective clients while providing Mr. Edwards with the due process

protections to which he is entitled. Failure to re-set the execution date would result in an

unnecessary delay of a trial for a federal defendant incarcerated pre-trial for 828 days and

a further delay of an evidentiary hearing for another Missouri death row prisoner.

WHEREFORE, for all the foregoing reasons, appellant respectfully moves the

Court to re-set his execution date.

Respectfully submitted, /s/ Kent E. Gipson KENT E. GIPSON, Mo. Bar #34524 Law Office of Kent Gipson, LLC 121 East Gregory Blvd. Kansas City, Missouri 64114 816-363-4400 / fax 816-363-4300 kent.gipson@kentgipsonlaw.com

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/s/ Jeremy S. Weis JEREMY S. WEIS, Mo. Bar #51514 Gaddy Weis LLC 926 Cherry Kansas City, Missouri 64106 816-221-8989 Fax 816-472-3516 jweis@gaddyweis.com COUNSEL FOR APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that on this 26th day of March, 2015, I filed this Motion to Stay

Execution via the Courts electronic case filing system.

/s/ Jeremy S. Weis Attorney for Appellant Kimber Edwards

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