A federal judge’s decision to overturn Carman Deck’s death sentence for the 1996 murders of De Soto-area residents James and Zelma Long – the third time Deck’s death sentence has been overturned – is greatly disappointing to the Long family, the couple’s daughter-in-law said Tuesday.
U.S. District Judge Catherine D. Perry vacated Deck’s death sentence on April 13, and in the ruling stated, “He must be sentenced to life in prison without the possibility of parole.”
Perry pointed to delays in Deck’s appeals cases over the years in influencing her ruling, blaming the state’s attorneys rather than Deck’s for slowing the proceedings. “While the passage of time does not and cannot lessen the loss and grief suffered by the victims’ family, it nevertheless affected the fairness of the process in this case and the factfinder’s ability to render a just penalty. Deck was deprived of a constitutionally fair penalty trial, the result of which cannot stand,” Perry said in her ruling.
Deck, 51, is serving his life sentence without parole at the Potosi Correctional Center.
Karen Long, who is married to William Long, a son of the victims, said her family feels justice has not been served.
“I’m going to say (family members) are very, very disappointed with the judicial system,” she said. “I’m kind of disappointed with the judge. There have been three juries that have come to the same conclusion: He killed two people. Two decades later, James and Zelma have had no justice.”
Karen Long, 62, and William Long, 65, formerly of the De Soto area, now live in the city of Lake Ozark at the Lake of the Ozarks. William Long suffers from Lewy body dementia, his wife said.
She said six of seven of the victims’ children were alive at the time of their deaths.
“Now, all of James and Zelma’s children are really at the same age of James and Zelma. (He was 69 and she was 67 when they were shot to death.)
“And there’s still no justice,” Karen Long said.
Deck’s attorney, Elizabeth Carlyle of Kansas City, lauded Perry’s decision.
“The judge says it’s been too long,” Carlyle said of the length of proceedings. “Obviously, we’re glad the death sentence has been rescinded.”
According to accounts published in the Leader, Deck of St. Louis County was convicted in February 1998 of two counts of first-degree murder and given two death sentences for the July 8, 1996, execution-style murders of James and Zelma Long during a robbery at the couple’s home in the De Soto area.
Deck’s conviction has been held up on appeal, but twice he successfully appealed the death sentence. Deck was sentenced to death for a third time in November 2008 by Jefferson County Circuit Judge Gary Kramer, after a jury recommended a death sentence once again in September 2008 following a penalty-phase retrial.
The Missouri Supreme Court upheld Deck’s death sentence in January 2010.
The Missouri Attorney General’s Office handled the case before Perry.
A spokeswoman for the Attorney General’s Office said she could not comment on the case because there is “pending litigation.”
Karen Long said it is her understanding that the state can appeal Perry’s ruling.
“They have 30 days to file an appeal to the decision,” she said.
Deck’s sister, Tonia Cummings, 48, also of St. Louis County, was convicted of two counts of second-degree murder in 1998 in the case and sentenced to 70 years in prison. She is serving her sentence at the Chillicothe Correctional Center.