MALLETT EXECUTED FOR 1985 MURDER OF STATE TROOPER

POTOSI, Mo. -- Jerome Mallett looked at the family of murdered state trooper James Froemsdorf from his gurney in Missouri's death chamber and several times appeared to say, "I'm sorry."

Mallett, 42, died by injection at 12:06 a.m. Wednesday for killing Froemsdorf, of Perryville, during a March 1985 traffic stop on Interstate 55 in Perry County.

Mallett's execution at the Potosi Correctional Center began as scheduled at 12:01 a.m. The U.S. Supreme Court turned away last-minute motions for a stay at approximately 6:30 p.m. Tuesday. Missouri Gov. Bob Holden denied Mallett's clemency request at 9:45 p.m.

When the execution began, Mallett looked to his right, where his family was seated in a viewing area. He smiled, waved and spoke several times.

Mallett then looked forward to the family and friends of Froemsdorf and appeared to make his apology.

It quickly became apparent that the first of the three drugs to be administered was not taking effect. The drug, sodium pentothol, renders the condemned unconscious before two fatal drugs are given.

Blinds obstructing the witnesses' view of the death chamber were then lowered as Department of Corrections staff entered to make adjustments. Department spokesman Tim Kniest later said an IV line was somehow obstructed and the drug wasn't getting through.

The execution resumed at 12:03 a.m. Mallett continued looking and speaking to his family, who were in tears. Froemsdorf's relatives were similarly emotional.

Mallett soon heaved with a heavy cough and fell unconscious. He wouldn't move again. Drugs to stop his breathing and then his heart were given at one-minute intervals.

Mallett's family began singing a hymn and continued until a physician declared him dead at 12:06 a.m.

Final statement

Following the execution, Kniest gave Mallett's final statement as:

"My heart and best wishes to the Froemsdorf family. I hope everybody can just move on now and this can be a learning experience for everybody. I love my family and friends."

Mallett had declined a sedative offered to all condemned inmates hours before they are scheduled to die to calm them. He had several slices of cheesecake as his final meal.

Froemsdorf's relatives declined to comment following the imposition of sentence.

Twenty-nine people, plus corrections staff, witnessed the execution. Kniest was unsure if that was the most to ever witness a Missouri execution but said that "it would be close to it."

The 12 witnesses for the state included at least three state troopers, most notably Missouri State Highway Patrol Superintendent Col. Roger Stottlemeyre. Afterward, Stottlemeyre declined comment through Kniest, only saying he was there to support the Froemsdorf family.

Approximately 20 other troopers were on hand at the prison to show support, but did not witness Mallett's death.

U.S. Rep. Kenny Hulshof, R-Columbia, was a state's witness. Hulshof represented Mallett, who grew up in St. Louis, during his 1986 trial while working with the state public defender's office in Cape Girardeau.

When asked for comment a hour before the execution, Hulshof said: "I'd really rather not."

There were 10 witnesses for the victim. In addition to Sarah Froemsdorf of Cape Girardeau, the trooper's widow, were their three daughters, who were ages 7, 10 and 13 when their father was murdered, Sarah Froemsdorf's sister, a nephew and four family friends.

That latter group included former highway patrol superintendent John Ford, who was Froemsdorf's commanding officer at Troop C in St. Louis County in 1985.

There were seven inmate's witnesses -- two of Mallett's brothers, one sister, one sister-in-law, two spiritual advisers and a family friend.

15 years of appeals

On March 2, 1985, Froemsdorf stopped Mallet for speeding on I-55 near the Brewer exit. After discovering Mallett was wanted on felony warrants from Texas, the trooper placed Mallett under arrest and handcuffed him.

A childhood injury allowed Mallett to slip his right hand out of the handcuffs. Mallett grabbed Froemsdorf's .357 Magnum revolver and shot him four times, including two fatal shots to the neck. Froemsdorf was 35.

Mallett then led authorities on a three-day manhunt that ended with his capture at a Deslodge motel.

At his trial and up until the time of his execution, Mallett claimed he shot the trooper out of self defense during a struggle.

The trial was moved to Schuyler County on the Iowa border, where an all-white jury convicted Mallett of first degree murder and sentenced him to death. During the 15 years of appeals that would follow, Mallett, who was black, argued he was denied a fair trial since the county at the time had only three black residents, making it unlikely for any blacks to be in the jury pool.

Mallett recently added to his notoriety when he participated in Italian clothier Benetton's "We on Death Row" advertising campaign. Mallett and three other Missouri inmates were included in a 96-page magazine supplement published in 2000 that also featured condemned inmates from other states.

Attorney General Jay Nixon sued the company, which last month agreed to apologize to the families of the murder victims and pay $50,000 to the state's Crime Victims Compensation Fund.

Mallett was the 51st person to be executed in Missouri since the state resumed carrying out death sentences in 1989.