Clemency

Georgia Board Denies Clemency for Sole Woman on Death Row

UPDATE: Gissendaner's execution has been rescheduled to Monday, March 2, due to a winter storm forecast to hit Georgia. Previously: On February 25 the Georgia Board of Pardons and Paroles denied clemency to Kelly Gissendaner, the only woman on the state's death row. Gissendaner was convicted of orchestrating the murder of her husband, but did not carry out the killing herself. At Gissendaner's clemency hearing, 21 people testified in favor of a reduction in sentence, including two of Gissendaner's children, several prison volunteers, and members of the clergy. Gissendaner's daughter, Kayla, said, "My father’s death was extremely painful for many people, but I’ve recently concluded that in many ways I was the person who was most impacted by his murder. The impact of losing my mother would be devastating. I can’t fathom losing another parent.” The man who committed the murder pleaded guilty in exchange for a life sentence. Gissendaner's attorney advised her not to take the same deal, saying that he thought a jury would not sentence her to death, "because she was a woman and because she did not actually kill Doug." Unless an appeals court halts the execution, Gissendaner will be the first woman executed in Georgia in 70 years.

UPCOMING EXECUTION: Vietnam Veteran with PTSD Seeks Clemency

UPDATE: Brannan was denied clemency by Georgia on Jan.12. Andrew Brannan, a decorated veteran of the Vietnam War, is scheduled to be executed in Georgia on January 13. His execution would be the first of 2015. Brannan's attorneys are asking the Georgia Board of Pardons and Paroles to grant clemency because Brannan suffers from post-traumatic stress disorder and bipolar disorder. A police video from the crime scene illustrated Brannan's erratic behavior. Joe Loveland, one of Brannan's attorneys, said, "There was a direct connection between his service in Vietnam and the violence that he was exposed to there and the ultimate events that occurred here. The basic question really is, should a 66-year-old Vietnam War veteran with no prior criminal record and who was 100 percent disabled under the DA standards, both with PTSD and bipolar disorder, at the time of the murder of the deputy sheriff--should that person be executed?"

Maryland Governor Will Commute Sentences of Remaining Death Row Inmates

On December 31, 2014, Maryland Governor Martin O'Malley announced he will commute the sentences of the four men remaining on the state's death row to life without parole. O'Malley signed Maryland's death penalty repeal bill into law in 2013, but the repeal was not retroactive. In a statement, O'Malley said, "Recent appeals and the latest opinion on this matter by Maryland’s Attorney General have called into question the legality of carrying out earlier death sentences — sentences imposed prior to abolition. In fact, the Attorney General has opined that the carrying out of prior sentences is now illegal in the absence of an existing statute." Prior to announcing the commutations, O'Malley met with family members of the murder victims in the cases related to the four death row inmates. He called the "un-ending legal process" of the death penalty an "additional torment" on the families of murder victims. He said, "Gubernatorial inaction — at this point in the legal process — would, in my judgment, needlessly and callously subject survivors, and the people of Maryland, to the ordeal of an endless appeals process, with unpredictable twists and turns, and without any hope of finality or closure."

Growing Opposition to Execution of Severely Mentally Ill Inmate in Texas

Commentary on Scott Panetti's scheduled execution on December 3 in Texas:

"By any reasonable standard — not to mention the findings of multiple mental-health experts over the years — Mr. Panetti is mentally incompetent...A civilized society should not be in the business of executing anybody. But it certainly cannot pretend to be adhering to any morally acceptable standard of culpability if it kills someone like Scott Panetti."
-N.Y. Times, Nov. 23, 2014

"In a 1986 decision, the Supreme Court said that executing the insane served no purpose and would be 'savage and inhumane.' Today, no words could better describe the state’s plans to strap Panetti to a gurney and end his tortured life."
-Dallas Morning News, Nov. 23, 2014

"[W]e believe that executing a person as severely and persistently ill as Scott Panetti would only compound the original tragedy, represent a profound injustice, and serve no useful retributive or preventive purpose."
-National Alliance on Mental Illness, Nov. 17, 2014

"The European Union strongly believes that the execution of persons suffering from a mental disorder is contrary to widely accepted human rights norms and is in contradiction to the minimum standards of human rights set forth in several international human rights instruments, as well as being prohibited by the US Constitution."
-European Union, Nov. 14, 2014

EDITORIALS: Maryland Governor Should Commute Remaining Death Sentences

In a recent editorial, the Washington Post urged Maryland Governor Martin O'Malley to commute the sentences of the four men remaining on the state's death row, saying, "To carry out executions post-repeal would be both cruel, because the legislation underpinning the sentence has been scrapped, and unusual, because doing so would be historically unprecedented." Maryland is one of three states that have repealed the death penalty prospectively but still have inmates on death row. The others are Connecticut and New Mexico. O'Malley, who is leaving office in January, was a supporter of repeal. Maryland Attorney Douglas Gansler, who opposed repeal, recently said that carrying out an execution in Maryland is, "illegal and factually impossible." The editorial concluded, "In signing the abolition of capital punishment into law last year, [O'Malley] was unequivocal: 'It’s wasteful. It’s ineffective. It doesn’t work to reduce violent crime.' Having made the moral case for abolition so eloquently, he should have no trouble making the practical case for commutation to life without parole for the four remaining condemned men. And he should act without further delay." Read the editorial below.

NEW VOICES: Mental Health and Law Enforcement Leaders Urge Clemency for Texas Inmate

Panetti
(Click to enlarge). On November 12, the American Psychiatric Association, Mental Health America, 30 former judges, prosecutors, and Attorneys General, 50 evangelical faith leaders, and the American Bar Association joined many others in calling on Texas Governor Rick Perry to commute the sentence of death row inmate Scott Panetti because of his severe mental illness. Despite his long history of hospitalization in mental institutions, Panetti is scheduled to be executed on December 3. Panetti is a paranoid schizophrenic who represented himself at trial dressed in a cowboy costume, and attempted to subpoena over 200 people, including Jesus Christ, John F. Kennedy, and the Pope. A letter of support signed by 30 law enforcement officials said, "We come together from across the partisan and ideological divide and are united in our belief that, irrespective of whether we support or oppose the death penalty, this is not an appropriate case for execution." Fifty evangelical Christian leaders signed a letter saying, “The execution of Scott Panetti would be a cruel injustice that would serve no constructive purpose whatsoever. When we inflict the harshest punishment on the severely mentally ill, whose culpability is greatly diminished by their debilitating conditions, we fail to respect their innate dignity as human beings.”

NEW VOICES: Former Texas Governor, FBI Chief Ask Texas to Commute Death Sentence

Former Texas Governor Mark White and former FBI director William Sessions have petitioned Texas to grant clemency to death row inmate Max Soffar because of the strong chance that a reversal of his conviction will come too late due to his rapidly declining medical condition. Soffar's case has been reversed before, and his latest appeal is pending before a federal court. Soffar's supporters are asking that he be allowed to spend his last days at home before he dies of liver cancer. He has been on death row for over 33 years, consistently maintaining his innocence. "Nothing can save me," said Soffar. "I'm going to die. I've talked to my doctor — maybe five months, maybe four months, maybe three weeks." His lawyers said, "The reality is that the federal court process will likely not be completed before Mr. Soffar dies. The exigency of this situation is the driving force behind what Mr. Soffar admits is an unusual request for clemency at this stage of a capital case."

Georgia Grants Clemency Just Before Execution

On July 9, just one day before he was scheduled to be executed, Tommy Lee Waldrip was granted clemency by the Georgia Board of Pardons and Paroles. Waldrip will now serve a sentence of life without parole. Although the Board did not give a reason for its decision, one of the issues raised in the case was the disproportionality of Waldrip's sentence compared to that of his co-defendants. Three men were involved in the murder that sent Waldrip to death row, but the other two were given life sentences. One of those was Waldrip's son, who was directly involved in killing the victim. He has been eligible for parole since 1998. Waldrip is the ninth death row inmate to receive clemency in Georgia since 1976, and the 275th in the nation. This is the second clemency granted in the U.S. in 2014.

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