Petition to appeal death penalty denied for Cape County resident

The U.S. Supreme court denied a petition to appeal the case of Mark A. Gill, who was sentenced to be executed for the 2002 murder of a Cape Girardeau County man.

The court's decision to deny Gill's petition was reached Monday, according to Missouri Attorney General spokesman Scott Holste.

"This brings to an end his direct appeal," Holste said of Gill, 34, who was convicted in the 2002 murder of Ralph Lee Lape Jr. and sentenced to be executed.

In July, the Supreme Court of Missouri heard Gill's appeal but affirmed the 34th Judicial Court Judge Fred Copeland's sentence.

With the U.S. Supreme Court's decision, Gill only has two options left to stop his execution, one of which he has exercised, Holste said.

Last October, Gill filed a post-conviction relief, which challenges the constitutionality of either the conviction or the sentence. That motion was pending in state court.

The only other option Gill has before his sentence is carried out is the option to file a writ of habeas corpus, which would question the constitutionality of the conviction or sentence in federal court. Holste did not know if Gill had filed that motion.

Gill and co-defendant Justin Brown are accused of kidnapping Lape after learning he had a large amount of money in his bank account.

The two defendants drove the victim to a desolate area near Portageville, Mo. where they dug a grave and pushed Lape into it. Lape was then shot in the forehead.

Gill has argued that his conviction and death sentence should be overturned, claiming it was Brown who fired the fatal shot.

Brown, 26, 507 Cape Meadows Circle, was scheduled for trial in May in Pulaski County, according to Cape Girardeau County Prosecuting Attorney Morley Swingle.

kmorrison@semissourian.com

335-6611, extension 127