Case 4:17-cv-00194-DPM Document 40 Filed 04/14/17 Page 1 of 3 DEATH PENALTY CASE **** EXECUTION SCHEDULED FOR APRIL 24, 2017 **** IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS Marcel Williams, Plaintiff, Civil Case No. 4:17-cv-198 -vGovernor Asa Hutchinson, in his official capacity; John Felts, in his official capacity; John Belken, in his official capacity; Andy Shock, in his official capacity; Abraham Carpenter, Jr. in his official capacity; Dawne Benafield Vandiver, in her official capacity; Jerry Riley, in his official capacity; and Lona H. McCastlain, in her official capacity, (consolidated in 4:17-cv-194) AMMENDED MOTION FOR PRELIMINARY INJUNCTION Expedited Review Requested Defendants. ________________________________________________________________________ Plaintiff Marcel Williams moves this Honorable Court for a preliminary injunction based on the following additional facts and evidence which prove that he is likely to succeed on the merits on his claim that the Governor and the members of the Parole Board have denied him due process of law. To the extent it is necessary, Mr. William moves under Federal Rule of Civil Procedure 15(d) to supplement his initial complaint with the facts within this Amended Motion and accompanying Brief in Support. Plaintiff Williams is scheduled to be executed on April 24, 2017. Mr. Williams will suffer irreparable harm if injunctive relief is not granted to give this Court additional time to hold Case 4:17-cv-00194-DPM Document 40 Filed 04/14/17 Page 2 of 3 a hearing on the merits and consider whether the prejudice Mr. Williams has suffered on account of the State’s arbitrary actions violated his 14th Amendment rights.1 The evidence contained in this amended motion will show, had the State not acted arbitrarily in informing Mr. Williams’s attorneys that they would have only one hour to present witnesses in favor of clemency, several additional witnesses would have been presented who would have had a strong likelihood of changing the outcome of Mr. Williams’s Board Recommendation. Of note, even in the limited timeframe given for evidence by the Board—and relied upon by Mr. Williams’ counsel in preparing for the hearing—two members nevertheless voted in favor of granting clemency. Had the Board clarified that additional testimony would have been permitted, even if it pushed the clemency hearing past the one-hour mark, counsel would have sought out and presented these witnesses in support of Mr. Williams. Based on this additional evidence of prejudice, Mr. Williams has shown a strong likelihood of prevailing on the merits of his Due Process claim, this Court should issue a preliminary injunction staying his execution. 1 While the additional evidence presented here should satisfy the Court that Mr. Williams was indeed prejudiced by the State’s failure to provide him with the process he was statutorily and administratively due, Mr. Williams does not concede that such additional evidence of prejudice is legally needed to satisfy the standard for preliminary injunction in this case. 2 Case 4:17-cv-00194-DPM Document 40 Filed 04/14/17 Page 3 of 3 Respectfully Submitted, JENNIFFER HORAN FEDERAL PUBLIC DEFENDER By: /s/ Jamie Giani_______ Jamie Giani AR Bar No. 2010246 Jamie_Giani@fd.org /s/ Julie Vandiver_____ Julie Vandiver AR Bar No. 2008285 Julie_Vandiver@fd.org Assistant Federal Defenders 1401 W. Capitol Ave., Ste 490 Little Rock, AR 72201 (501) 324-6114 (501) 324-5630 (fax) Counsel for Marcel Williams Certificate of Service I hereby certify that on this 14th day of April, 2017, the foregoing Amended Motion was filed using the Court’s CM/ECF system, which shall make service on all parties. /s/ Jamie Giani_______ Jamie Giani 3