Clemency

Board Denies Clemency for Death Row Inmate Whose Co-Defendant Received Life Sentence

The Georgia Board of Pardons and Paroles announced on March 31 that it had denied clemency to Joshua Bishop. Bishop had asked that his death sentence be reduced to life without parole because his co-defendant, who was nearly twice Bishop's age at the time of the crime, and had a history of violent crime while Bishop did not, was given a plea deal resulting in a life sentence. Bishop is scheduled to be executed in Georgia on March 31. Seven of the twelve jurors who voted to sentence Bishop to death now support a sentence reduction for a variety of reasons. Juror Jeremy Foston said he initially, "was leaning toward a life sentence because Mr. Bishop had a terrible childhood and was just a young man." Others said they were confused by instructions that the jury had to be unanimous. Juror Jim Ray wrote, "[w]e really struggled with our decision. We eventually changed our vote to a death sentence partly because we were told we had to be unanimous and those [two jurors] who wanted the death penalty were very firm in their conviction and let us know they would not change their minds." The belief that Bishop's co-defendant, Mark Braxley, would also face the possibility of a death sentence influenced some jurors' decisions. They say they would have sentenced Bishop to life without parole if they knew Braxley had received a plea deal for a life sentence. Juror Jeremy Foston wrote, "We wanted to make sure Mr. Braxley would get the same punishment as Mr. Bishop. We even sent a note out asking if we could know what would happen to him. The prosecutor told us not to worry about Mr. Braxley, and that he would have his day in court. We assumed that meant he would have the same treatment as Mr. Bishop."

Georgia Naval Veteran Files for Clemency as More Culpable Superior Officer Will Become Eligible for Parole

Naval veteran Travis Hittson (pictured), scheduled to be executed by Georgia on February 17, has filed an application for clemency with the State Board of Pardons and Paroles. Hittson assisted his superior officer, Edward Vollmer, to kill and dismember a fellow sailor, Conway Utterbeck in 1992. Despite evidence that Vollmer was the more culpable of the two, prosecutors permitted him to plead guilty and receive a life sentence from which he could be paroled, while Hittson was sentenced to death. The clemency application, filed by lawyers from the Veterans Defense Program and the Georgia Resource Center, alleges that Hittson's death sentence is disproportionate to the punishment Vollmer received, given the significant difference in their culpability. The application says: "Mr. Hittson committed an appalling act; an act which took the life of Conway Utterbeck and harmed his family in profound and irreparable ways. Those who know Mr. Hittson, however – even law enforcement personnel who knew him only long enough to hear him confess and assist in the investigation of this crime – are united in their conviction that he is remorseful and would never have committed this terrible crime absent the deliberate manipulation of his codefendant and naval superior, Edward Vollmer." Vollmer convinced Hittson to help him kill Utterbeck by telling him that Utterbeck was plotting to kill them. "Mr. Hittson’s lower rank, gullibility, alcoholism and desperation for approval made him peculiarly vulnerable to Edward Vollmer who, by all accounts, exercised an unnatural dominance and control over Mr. Hittson," the clemency filing explains. Hittson's application for clemency is supported by other sailors who served with both Hittson and Vollmer, several jurors in the case, and an unnamed state prosecutor. The execution would be the second in Georgia in 2016. Andrew Brannan, the first person executed in Georgia last year, was also a veteran. Brannan suffered from chronic Postraumatic Stress Disorder and other severe mental illness related to his military service in Vietnam and was considered 100% disabled by the Veterans Administration. 

Dying Texas Death-Row Inmate - Possibly Innocent - Seeks Relief from His Conviction

Attorneys for Texas death row inmate Max Soffar, who is dying of liver cancer, continue to seek a reversal of his case, even though judicial action - if it comes - may be too late. Soffar maintains his innocence in the 1980 murders of three people during a bowling alley robbery. The sole evidence against Soffar is a confession he signed after three days of unrecorded interrogation that is inconsistent with the facts of the case and, he maintains, is false. The confession also does not match the account of the murders provided by a man who survived the shooting. No physical evidence links Soffar to the crime and Soffar has presented evidence that another man, a serial killer, was much more likely to have committed the murders. Governor Rick Perry rejected a clemency petition last year that sought to allow Soffar to spend his last days at home. The Texas Board of Pardons and Paroles said that Soffar isn't eligible for clemency because there is no warrant for his execution. Andrew Horne, one of Soffar's attorneys, said, "Justice is where there's a fair system that was followed and offered an outcome that was rational. To me, Max is an injustice because there was never a fair system, and the outcome was completely irrational."  

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 VA 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.

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