Government officials and “prison reform” activists in the United States are backing an effort to block the execution of a convicted child sex offender and murderer who began identifying as transgender while on death row.
Missouri Democrat Representatives Cori Bush and Emanuel Cleaver have issued a letter to the state’s governor requesting clemency for Amber McLaughlin, a man who is set to become the first transgender inmate executed by the state for his crimes on January 3, 2023.
Formerly known as “Scott,” McLaughlin began transitioning while on death row for the horrific rape and murder of his ex-girlfriend, Beverly Guenther, in 2003.
According to court records, Guenther and McLaughlin met in 2002 and began living with each other shortly into the relationship. But the cohabitation was marred by break-ups that were often so serious that Guenther sometimes had to obtain restraining orders to keep McLaughlin away from her.
In the spring of 2003, Guenther and McLaughlin formally ended their relationship, but McLaughlin continued to pursue the woman, exhibiting stalking behaviors by frequently visiting her place of work and calling her.
On October 27, 2003, McLaughlin was arrested after burglarizing Guenther’s home. He told arresting officers he was trying to reclaim possessions he left behind at the home while living with Guenther, and was arraigned in November. Guenther had filed for a protective order just two days before McLaughlin murdered her.
On the night of November 20, while the protective order was in effect, McLaughlin drove to Guenther’s workplace and waited for her in the parking lot of the office building. He ambushed her as she walked towards her truck, pulled her to the ground, and sexually assaulted her.
After violating the woman, McLaughlin stabbed her to death and shoved her corpse in his hatchback. He drove Guenther’s body to a nearby river, and disposed of it in the underbrush. McLaughlin was arrested the next day at the hospital while attempting to obtain medication for his mental illness.
McLaughlin was ultimately found guilty of first-degree murder and forcible rape. A trial jury was unable to decide whether to impose a sentence of death or life in prison without the possibility of parole, and the presiding judge made the final decision to issue the death penalty.
McLaughlin has unsuccessfully appealed his sentence multiple times over since it was handed down.
In 2016, McLaughlin was granted a stay of execution, but it was re-instated by a Federal Appeals Court in 2021. On September 29, after years of delays, the state of Missouri announced a date of January 3, 2023, had been set for McLaughlin’s execution.
In addition to the 2003 murder of Beverley Guenther, McLaughlin also had a historical sex offender registration due to a 1992 conviction for raping a 14-year-old girl.
On December 12, McLaughlin’s legal counsel filed a clemency petition urging Missouri Governor Mike Parson to intervene and prevent the execution. In the 27-page document, McLaughlin’s lawyers portrayed their client sympathetically, stating that he was “failed by the institutions… that should have protected [him].”
Included in the petition were descriptions of childhood physical and sexual abuse, periods of time spent in foster care, brain damage from fetal alcohol exposure, and mental illness that manifested as depression.
Missourians for Alternatives to the Death Penalty (MADP) took up McLaughlin’s cause and rallied at the Missouri Capitol on Tuesday, December 27, to request that Governor Mike Parson grant clemency to McLaughlin. The organization delivered a petition with over 6,000 signatures to Parson’s office.
The co-director of MADP, Elyse Max, told local news outlet KRCG: “We just implore the Governor to find mercy in his heart. Amber is a gentle human. Everyone who knows her knows that Amber is not of future harm.”
The plea was supported by seven former Missouri judges, according to MADP, and two Democratic state representatives of Congress.
A joint letter signed and issued by both Rep. Bush (D-MO) and Rep. Cleaver (D-MO), delivered alongside MADP’s petition, requested that Governor Parson halt the scheduled execution and commute McLaughlin’s sentence to life in prison, citing “gender dysphoria” and “mental health issues” as mitigating circumstances.
The letter, dated December 27, argues that jurors deliberating McLaughlin’s sentence were deprived of “crucial mental health evidence,” including information regarding his “gender dysphoria,” as his defense lawyers “failed to present it.”
Using feminine pronouns for McLaughlin, the politicians wrote: “Ms. McLaughlin faced a traumatic childhood and mental health issues throughout her life. She experienced horrific abuse and neglect at the hands of various caregivers; court records indicate her adoptive father would frequently strike her with paddles and a night stick, and even tase her. Alongside this horrendous abuse, she was also silently struggling with her identity, grappling with what we now understand is gender dysphoria. The abuse, coupled with the persistent mental turmoil surrounding her identity, led to mild neurological brain damage and multiple suicide attempts both as a child and as an adult.”
The two representatives concluded their appeal by describing McLaughlin as a “woman” and referencing discrimination against “LGBTQ+” people.
“Ms. McLaughlin’s cruel execution would mark the state’s first use of the death penalty on a woman since the U.S. Supreme Court reinstated capital punishment in 1976, and even worse it would not solve any of the systemic problems facing Missourians and people all across America, including antiLGBTQ+ hate and violence, and cycles of violence that target and harm women.”
A spokesperson for Gov. Parson told NBC News that the governor is reviewing the clemency request.
Earlier this month, Oregon Governor Kate Brown commuted the death sentences of 17 men convicted of violent murders, including one male inmate who had begun identifying as a woman while on death row.
According to court documents, in 1994 Karl Anthony Terry killed Jeffrey and Dale Brown with a samurai sword while they slept. The three men belonged to an organization that Terry called the “Order of the Black Dove.” The creed of the Order of the Black Dove, as stated in Terry’s journal entries, “celebrated violence and other anti-social behavior.”
While incarcerated and awaiting the death sentence, Terry began identifying as transgender and adopted the name Tara Ellyssia Zyst. Terry has used nearly a dozen other aliases in addition to Tara Ellyssia, such as Miazni Theidra, Deluria Dinnae, Uujohne Aejetta, and Ula Mitsata. He is being held at Snake River Correctional Facility in Ontario, Oregon, a medium-security mixed custody prison, and is now listed as “female” in prison records.
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