Clemency
Since 1976, 249 death row inmates have been granted clemency for humanitarian reasons. Humanitarian reasons include doubts about the defendant's guilt or conclusions of the governor regarding the death penalty process. Since 1976, there have been four broad grants of clemencies to death row inmates:
Gov. Toney Anaya in New Mexico in 1986 (all inmates)
Gov. Richard Celeste in Ohio in 1991(8 inmates)
Gov. George Ryan in Illinois in 2003 (all inmates)
Gov. Jon Corzine (pictured) in New Jersey in 2007 (all inmates)

There were five notable instances of broad commutations prior to the reinstatement of the death penalty in 1976:
Oklahoma Governor Lee Cruce commuted every death sentence imposed during his administration (1911-1915)
Oregon Governor Robert D. Holmes commuted every death sentence that arose during his term (1957-1959)
Governor Peabody of Massachusetts recommended the commutation of every death sentence (1962-1964)
In 1971, Governor Winthrop Rockefeller (pictured) commuted all death sentences in Arkansas.

(Source: Cathleen Burnett, "Justice Denied," Northeastern University Press, 2002, p. 162). In 1965, Governor Frank Clement commuted all the death sentences in Tennessee after the legislature defeated an abolition bill by a single vote. (Source: M. Gottschalk, "The Prison and the Gallows," Cambridge Press, 2006, p. 213).
The clemency process varies from state to state, typically involving the governor or a board of advisors or both.
Clemency News and Developments - Current Year
Clemency News and Developments - Previous Years
2009
2008
2007
2006
2005
2004
2003
2002-2001
| YEAR | NAME | RACE | STATE | REASON FOR COMMUTATION |
| 1977 | 1. Charles Harris Hill | B | GA | death sentence was disproportional to the sentence given to his equally or more culpable co-defendant, the actual killer* |
| 1979 | 2. Learie Leo Alford | B | FL | possible innocence* |
| 3. Clifford Hallman | W | FL | death sentence was inappropriate for the crime* | |
| 1980 | 4. Darrell Edwin Hoy | W | FL | death sentence was disproportional to the sentence given to his equally or more culpable co-defendant, the triggerman * |
| 5. Richard Henry Gibson | B | FL | death sentence was disproportional to the sentence given to his equally culpable co-defendants * | |
| 1981 | 6. Michael Salvatore | W | FL | disparities in sentences between Salvatore and two others involved in the crime* |
| 1983 | 7. Jesse Rutledge | B | FL | possible innocence* |
| 1986 | 8.Eddie Lee Adams | B | NM | Commutations by Gov. Toney Anaya because of his position on the death penalty |
| 9. Joel Lee Compton | W | NM | see #8 | |
| 10. Richard Garcia | H | NM | see #8 | |
| 11. William Gilbert | W | NM | see #8 | |
| 12. Michael Guzman | H | NM | see #8 | |
| 1987 | 13. Doris Ann Foster | W | MD | Gov. Hughes, a death penalty opponent, commuted the sentence because of doubts about Foster's guilt* |
| 1988 | 14. Freddie Davis | W | GA | Board of Pardons and Paroles found that Davis' death sentence was disproportional to the life sentence given to his equally or more culpable co-defendant* |
| 15. David Cameron Keith | W | MT | Reasons reportedly included Keith's partial paralysis and blindness, remorse, religious conversion, and the possibility that he may have shot the victim as a reflex action* | |
| 1989 | 16. Ronald Monroe | B | LA | Gov. Roemer had doubts about Monroe's guilt* |
| 1990 | 17. William Moore | B | GA | Board of Pardons and Paroles commuted Moore's sentence citing his exemplary prison record, remorse, religious conversion, and the pleas for clemency from the victim's family* |
| 1991 | 18. Debra Brown | B | OH | Citing a "disturbing racial pattern" in death sentencing, Gov. Richard Celeste granted clemency to eight death row inmates as he was leaving office. Celeste stated that he selected cases based on the inmates' crimes, the fairness of sentences, mental health and IQ, and length of time served. |
| 19. Rosalie Grant | B | OH | see #18 | |
| 20. Elizabeth Green | B | OH | see #18 | |
| 21. Leonard Jenkins | B | OH | see #18 | |
| 22. Willie Jester | B | OH | see #18 | |
| 23. Beatrice Lampkin | B | OH | see #18 | |
| 24. Donald Lee Maurer | W | OH | see #18 | |
| 25. Lee Seiber | W | OH | see #18 | |
| 26. Joseph Giarratano | W | VA | possible innocence* | |
| 27. Harold Williams | W | GA | Board of Pardons and Paroles found that Williams' death sentence was disproportional to the sentence given to his accomplice, who took full responsibility for the crime* | |
| 1992 | 28. Herbert Bassette | B | VA | possible innocence |
| 29. Anson Avery Maynard | N | NC | possible innocence | |
| 1993 | 30. Bobbie Shaw | B | MO | Gov. Mel Carnahan said there was "little doubt that Mr. Shaw is mentally retarded and suffers from varying degrees of mental illness." (Wash. Post, June 3, 1993). The jury that sentenced him had not been told of his disabilities. |
| 1994 | 31. Earl Washington |
B | VA | possible innocence1 |
| 1996 | 32. Gwen Garcia | W | IL | death sentence was inappropriate for the crime |
| 33. Joseph Payne | W | VA | possible innocence | |
| 34. Donald Paradis | W | ID | possible innocence (In April 2001, Paradis' murder conviction was overturned and he was released from prison) | |
| 1997 | 35. William Saunders | B | VA | rehabilitation of inmate. Prosecutor and judge from trial recommended clemency |
| 1998 | 36. Henry Lee Lucas | W | TX | possible innocence |
| 1999 | 37. Judith Ann Neelley | W | AL | Gov. James, as he was leaving office, did not give a reason |
| 38. Darrell Mease | W | MO | granted at Pope John Paul II's request during visit | |
| 39. Bobby Ray Fretwell | W | AR | One juror told Gov. he felt pressured to vote for death but didn't support the sentence. | |
| 40. Calvin Swann | B | VA | Gov. James Gilmore noted that prison officials said Swann's behavior on death row had been "nothing short of bizarre and totally devoid of rationality." The prosecuting attorney said that he would not have sought the death penalty if life without parole had been available at the time. Gilmore noted that the jury had been misinformed about the degree of Swann's mental illness. (Wash. Post, May 3, 1999). | |
| 41. Wendell Flowers | B | NC | Gov. Hunt had doubts about the extent of Flowers' involvement in the crime. | |
| 2000 | 42. Eugene Colvin-el | B | MD | Gov. Glendening was uncertain of Colvin-el's guilt. |
| 43. Marcus Carter | B | NC | Gov. Hunt had doubts about the fairness of Carter's trial. | |
| 2001 | 44. David Ronald Chandler | W | Fed. | President Clinton granted clemency because Chandler's principal accuser changed his testimony, casting doubt on Chandler's guilt. |
| 45. Phillip Dewitt Smith | B | OK | Gov. Keating had doubts about Smith's guilt. | |
| 46. Robert Bacon, Jr. | B | NC | Gov. Easley stated that life imprisoment was the "appropriate sentence." (defense raised concerns that defendant was sentenced to death because of his race) |
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| 2002 | 47. Charlie Mason Alston | B | NC | Gov. Easley stated that life imprisoment was the "appropriate sentence." (defense raised serious doubts about client's guilt) |
| 48. Alexander Williams | B | GA | The Board of Pardons and Paroles voted to commute Williams's sentence to life without parole because he suffered from mental illness and was a juvenile at the time of the crime. | |
| 49. Thomas Nevius | B | NV | The Nevada Pardons Board, chaired by Governor Guinn, voted unanimously to grant clemency to Thomas Nevius, a mentally retarded inmate. The commuation to a sentence of life without parole came after the U.S. Supreme Court banned the practice of executing those with "mental retardation". | |
| 2003 | 50. Aaron Patterson | B | IL | Illinois Governor George Ryan granted four pardons on January 10, 2003, because he concluded the inmates were innocent. |
| 51. Madison Hobley | B | IL | see #50 | |
| 52. Leroy Orange | B | IL | see #50 | |
| 53. Stanley Howard | B | IL | see #50 | |
| 54-220 (click here for names) |
IL | On January 11, 2003, Illinois Governor George Ryan commuted the sentences of the 167 death row inmates, citing the flawed process that led to these sentences. Three inmates' sentences were commuted to 40 years in prison with the possibility of parole. The other prisoners' sentences were commuted to life in prison without parole. Some of the commutations were of prisoners who were awaiting sentencing or resentencing. (Chicago Tribune, January 12, 2003 and Chicago Tribune, January 15, 2003) |
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| 221. Herbert Welcome | B | LA | Governor Foster concurred with the Pardon and Parole Board recommendation based upon U.S. Supreme Court's decision on "mental retardation" in Atkins v. Virginia. (Associated Press, May 10, 2003). | |
| 222. Jerome Campbell | B | OH | Governor Taft concurred with the Pardon and Parole Board recommendation based on doubts regarding DNA evidence unavailable at trial. (Associated Press, June 26, 2003). | |
| 223. Kevin Stanford | B | KY | Governor Paul Patton, declaring that the justice system "perpetuated an injustice," based his decision upon Stanford's age (17) at the time of the crime. The pardon, which reduced Stanford's sentence to Life Without Parole, was made official by Governor Patton on December 8, 2003. | |
| 2004 | 224. Willie James Hall | B | GA | The state parole board of Georgia commuted Hall's death sentence to life without parole on January 26, 2004, after six jurors testified that they would have chosen life without parole were it offered at trial. Hall's excellent behavior in prison and no criminal record prior to the murder was also a factor in the board's decision. (Atlanta Journal-Constitution, January 26, 2004) |
| 225. Osvaldo Torres | L | OK | Governor Brad Henry commuted the death sentence of Osvaldo Torres to Life without Parole on May 13, 2004. Henry said that it was "important to remember that the actual shooter in these horrific murders was also sentenced to death and faces execution." Henry also stated that he "concluded that there is a possibility a significant miscarriage of justice occurred... specifically that the violation of his Vienna Convention Rights contributed to trial counsel's ineffectiveness, that the jury did not hear significant evidence, and that the result of the trial is unreliable." (The Oklahoman, May 14, 2004) Henry's decision followed a recommendation for clemency by the Pardon and Parole Board and stay granted by the Oklahoma Court of Criminal Appeals following the International Court of Justice ruling that the rights of Torres and 50 other Mexican national on America's death rows under the Vienna convention were violated. | |
| 226. Darnell Williams | B | IN | Governor Joe Kernan commuted the death sentence of Williams to Life in prison without parole on the basis that Williams' co-defendant initially received a life sentence and thus executing Williams would be unfair. [ More ] (AP, July 2, 2004) | |
| 2005 | 227. Michael Daniels | B | IN | Governor Joe Kernan commuted the death sentence of Daniels to life imprisonment without parole because of doubts about Daniels' personal responsibility for the crime and the quality of legal process leading to his death sentence. Evidence had emerged about Daniels' mental status and about whether he was the triggerman in the underlying murder. (Indianapolis Star, January 8, 2005.) |
| 228. Arthur P. Baird II | W | IN | Governor Mitch Daniels commuted the death sentence of Baird, who is severely mentally ill to life without parole because that sentence was not available at the time of Baird's sentencing but is available now and many of the jurors in the trial and the family of the victims believe that Baird deserved life without parole due to his mental illness. (Indianapolis Star, August 29, 2005.) | |
| 229. Robin Lovitt | B | VA | Governor Mark Warner commuted the death sentence of Lovitt to life without parole because a state court clerk had illegally destroyed evidence from Lovitt's trial that could have been used in his appeals. The governor believed a clemency was necessary to maintain the pulic's trust in the justice system. (Office of the Governor, Commonwealth of Virginia, November 29, 2005). | |
| 2007 | 230. Kenneth Foster | B | TX | Governor Rick Perry2 concurred with the 6-1 recommendation from the Texas Board of Pardons and Paroles to commute Foster's death sentence, stating: "I am concerned about Texas law that allowed capital murder defendants to be tried simultaneously and it is an issue I think the Legislature should examine." Foster did not kill the victim but drove the car carrying the shooter. He was tried at the same time as the actual shooter, who also received a death sentence. (Associated Press, August 30, 2007). |
| 231. Michael Boyd | B | TN | Gov. Phil Bredesen commuted the death sentence of Michael Joe Boyd, who had been sentenced to die on Oct. 24, 2007, to life in prison without parole Friday, citing ineffective legal counsel at his sentencing and procedural limitations on his appeals. (Nashville Post, September 14, 2007). | |
| 232. Jeffrey Leonard | B | KY |
Gov. Ernie Fletcher commuted Leonard's death sentence to a life sentence without parole in December 2007. Fletcher said Leonard was not provided adequate representation by his attorney, Fred Radolovich, who has admitted he didn't even know Leonard's name during the trial. (Lexington Herald-Leader, December 11, 2007). |
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| 233. Marko Bey | B | NJ | On December 16th, Gov. Jon Corzine commuted the sentences of everyone on death row to life without parole. On December 17th, he signed the bill abolishing the death penalty in New Jersey. (CNN, December 17, 2007). | |
| 234. David Cooper | B | NJ | see #233 | |
| 235. Ambrose Harris | B | NJ | see #233 | |
| 236. Nathaniel Harvey | B | NJ | see #233 | |
| 237. Sean Kenney | W | NJ | see #233 | |
| 238. John Martini | W | NJ | see #233 | |
| 239. Jessie Timmendequas | W | NJ | see #233 | |
| 240. Brian Wakefield | B | NJ | see #233 | |
| 2008 | 241. John Spirko | W | OH | Gov. Ted Strickland reduced Spirko's death sentence to life without parole. In his statement granting clemency, the governor cited "the lack of physical evidence linking him to the murder, as well as the slim residual doubt about his responsibility for the murder that arises from careful scrutiny of the case record." (Warrant of Commutation, Governor of Ohio, January 9, 2008) |
| 242. Samuel David Crowe | W | GA | The Board of Pardons and Paroles did not provide a reason for commuting Crowe’s sentence to life without parole. However, considerable testimony from friends, pastors and even a former corrections officer was presented to the board emphasizing his exemplary behavior and deep remorse while on death row. (Atlanta Journal-Constitution, May 23, 2008). | |
| 243. Percy Walton | B | VA | Gov. Timothy Kaine commuted Percy Walton’s death sentence to life in prison without parole, citing his serious mental illness that rendered him incompetent to be executed. The governor said that Walton was not cognizant of his impending execution and the reason for it. Gov. Kaine had twice previously stayed Walton's execution in order to evaluate his mental condition and competency. The governor said that he also considered other factors such as his age at the time of the crime and evidence of "mental retardation". (Washington Post, June 10, 2008; Governor Kaine's statement of clemency, June 9, 2008). | |
| 244. Kevin Young | B | OK | Following the recommendation of the Oklahoma Pardon and Parole Board, Gov. Brad Henry granted clemency to Kevin Young, commuting his death sentence to life in prison without the possibility of parole. The Board's recommendation of clemency was based on several factors, including the disproportionality of the punishment, questionable witnesses, and a decision during the original trial to turn down a plea bargain that would have resulted in a life sentence. (The Oklahoman, July 24, 2008.) | |
| 2009 | 245. Jeffrey Hill | B | OH |
Governor Ted Strickland commuted Hill's death sentence to 25 years to life, following the Ohio Parole Board's unanimous recommendation that Hill not be put to death. In granting clemency, Gov. Strickland expressed his agreement with the board's findings: "the views of the victim’s family, the lack of adequate representation by counsel at Mr. Hill’s sentencing, the remorse demonstrated by Mr. Hill regarding his actions, the lack of proportionality of the sentence of death in this case when compared with similar murder cases, and the expressed views of two justices of the Ohio Supreme Court which reviewed this case on appeal." (Governor's Statement Regarding Clemency Application of Jeffrey D. Hill, February 12, 2009). |
| 2010 | 246. Richard Tandy Smith | W | OK |
Governor Brad Henry commuted sentence to life without the possibility of parole as recommended by the State Pardon and Parole Board. (Office of the Governor, May 19, 2010, and Associated Press). LWOP was not available at the time of Smith's sentencing. The governor believed LWOP would be the more appropriate sentence. |
| 247. Richard Nields | W | OH |
Governor Ted Strickland commuted the sentence of Richard Nields, granting clemency on June 4, based on a recommendation by the board questioning the validity of medical evidence used at Nields' trial that helped support a death sentence. (Columbus Dispatch, June 4, 2010). |
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| 248. Gaile Owens | W | TN | Governor Phil Bredesen commuted the sentence of Gaile Owens to life in prison based partly on a plea bargain offer that was later rescinded, and partly to make the sentence consistent with verdicts delivered in similar cases in Tennessee. (The Tenneseean, July 14, 2010). | |
| 249. Kevin Keith | B | OH | Governor Ted Strickland commuted the death sentence of Kevin Keith to life without parole on September 2. Strickland granted clemency based on legitimate questions that have been raised regarding the evidence that led to his conviction as well as concerns regarding the investigation of his case. (Governor's Statement, September 2, 2010). |
* Information on marked cases provided by Michael L. Radelet and Barbara A. Zsembik, "Executive Clemency in Post-Furman Capital Cases," 27 University of Richmond Law Review 289-314 (1993) (with subsequent correction from Prof. Radelet).
Additional reasons for clemency are from news accounts on file with DPIC.
1. In 1994, Earl Washington's death sentence was commuted to life with the possibility of parole by then-Governor Wilder. In 2000, DNA tests confirmed Earl Washington's innocence, and he was granted an absolute pardon by Virginia Governor Jim Gilmore.
2. Gov. Perry commuted the death sentence of Doil Lane on March 9, 2007. Lane had intellectual disabilities and the state did not challenge this finding. Hence, the governor's commutation was the result of the Supreme Court's decision in Atkins v. Virginia (2002) forbidding the execution of such inmates and not necessarily for humanitarian reasons.
NOTE: There have also been a number of technical commutations granted for judicial expediency, rather than for humanitarian reasons. (See Radelet & Zsembik, above.) Judicial expediency includes cases in which a person's death sentence is overturned by the courts and state law requires that the entire trial, including guilt or innocence, be done over again if a death sentence is being sought. Rather than go through a complete re-trial, the state sometimes asks that the death sentence be reduced to a life sentence. These sentence reductions for the state's convenience are not counted among the clemencies for humanitarian reasons, which refer to the normal use of this term. Texas, for example, has granted a number of recent commutations in the wake of the U.S. Supreme Court rulings barring the execution of juveniles and of defendants with "mental retardation".
| States In Which the Governor Has Sole Authority (14) | ||||
| Alabama California* Colorado |
Kansas Kentucky New Jersey# |
New Mexico^ New York# North Carolina |
Oregon South Carolina Virginia |
Washington Wyoming |
| States In Which the Governor Must Have the Recommendation of Clemency From a Board or Advisory Group (8) | ||
| Arizona Delaware Florida** |
Louisiana Montana |
Oklahoma Pennsylvania Texas |
| States In Which the Governor May Receive a Non-binding Recommendation of Clemency From a Board or Advisory Group (10) | ||
| Arkansas Illinois Indiana Maryland |
Mississippi Missouri New Hampshire |
Ohio South Dakota Tennessee |
| States In Which a Board or Advisory Group Determines Clemency (4) | |||
| Connecticut | Georgia | Idaho | Utah |
NOTES:
*California -The governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the state Supreme Court, with at least four judges concurring.
**Florida's governor must have recommendation of Board, on which s/he sits.
Source: DPIC's research, including "Executive Clemency Process and Execution Warrant Procedure In Death Penalty Cases," National Coalition to Abolish the Death Penalty (1993).

31.
On January 11, 2003, Illinois Governor George Ryan commuted the sentences of the 
Governor Ted Strickland of Ohio commuted the death sentence of Jeffrey Hill following a unanimous recommendation by the Ohio Parole Board. In granting clemency, Gov. Strickland expressed his agreement with the board's findings: "The views of the victim’s family, the lack of adequate representation by counsel at Mr. Hill’s sentencing, the remorse demonstrated by Mr. Hill regarding his actions, the lack of proportionality of the sentence of death in this case when compared with similar murder cases, and the expressed views of two justices of the Ohio Supreme Court which reviewed this case on appeal." (
Virginia Governor Tim Kaine commuted the death sentence of inmate Percy Walton to life without parole due to serious mental illness that rendered the defendant incompetent for execution. (