The Supreme Court of Missouri on Tuesday published a ruling that a co-defendant has a legal right to watch as his partner-in crime is executed.

The ruling allowed Willie Kelly Owens to watch as his co-defendant, and half-brother Leon Taylor was put to death November 19. The high court’s writ was issued a day before the lethal injection, but the ruling was not published until this week.

 

The statute governing witnesses to an execution excludes only incarcerated offenders or those younger than 21 years. The high court held that the statute contains no exception or prohibition for co-defendants but does authorize the warden to invite peace officers to watch the execution to maintain security.

According to the ruling, (available here) Taylor and Owens demonstrated they had a clear, unequivocal, and specific right to have Owens witness Taylor’s execution. The court held that that statute should prevail over a more general one that outlines a warden’s discretion to make rules for prison management and safety.