News and Developments 2007: Clemency

Kentucky Governor Commutes Death Sentence Before Leaving Office

Gov. Ernie Fletcher of Kentucky commuted the death sentence of Jeffrey D. Leonard for the 1983 murder of a Louisville store clerk before leaving office. Governor Fletcher reduced Leonard's death sentence to life without parole. He had been convicted under the name of James Earl Slaughter. The Governor noted in his commutation that Leonard was not provided with adequate representation and that Leonard’s attorney did not even know his client's real name during the trial.

BACKGROUND ON RECENT COMMUTATION: "Grossly Inadequate" Representation in a System that "Broke Down"

Just two days after Tennessee's first electrocution in nearly 50 years, Governor Phil Bredesen (pictured) commuted the death sentence of Michael Joe Boyd to life in prison without parole. The Governor called the representation Boyd received during his appeals "grossly inadequate," adding that Boyd's claims were never comprehensively reviewed because his appellate attorney - Dan Seward - failed to provide evidence to support Boyd's initial claim that he was poorly represented during his trial.

Texas Governor Grants Rare Death Penalty Commutation

Just hours before tonight's (August 30) scheduled execution of Kenneth Foster, Governor Rick Perry (pictured) has accepted a Texas Board of Pardons and Paroles recommendation to stop Foster's execution and commute his sentence to life. Perry was not obligated to accept the highly unusual 6-1 recommendation from the board whose members he appoints. The commutation is the first of its kind in his eight years in office. The board decision was announced about seven hours before Foster was scheduled to die. Perry's announcement came about an hour later.

Questions of Innocence Remain as Georgia Board Considers Davis' Clemency Request

UPDATE: After less than one hour of deliberation, the Georgia Board of Pardons and Paroles granted Troy Anthony Davis a 90-day stay of execution. The stay means Davis' execution will be on hold while the board weighs the evidence presented as part of his request for clemency. (Associated Press, July 16, 2007).

Today (July 16), on the eve of Georgia's scheduled execution of Troy Anthony Davis (pictured), the state's Board of Pardons and Paroles will consider whether Davis should be granted clemency because of new evidence about his possible innocence. More than two decades ago, Davis was convicted of killing an off-duty police officer in Savannah. With no physical evidence linking Davis to the crime, prosecutors relied on the testimony of nine eyewitnesses to build their case against Davis. Since then, seven of the state's key eyewitnesses have recanted or changed their testimony, with some saying that their original statements were given only after police harassed them and pressured them to lie under oath. Some of the eyewitness say another man who testified against Davis during his trial, Sylvester Coles, is actually guilty of the crime.

Possibly Mentally Retarded Man to be Executed in Texas, Where Almost All 2007 Executions Have Occurred

If James Lee Clark is executed in Texas on April 11, he will be the 12th Texas inmate executed out of 13 executions nationwide in 2007.  According to some psychological tests, Clark has an IQ of 68 or lower, which is one of the common criteria for mental retardation.  Clark's defense team has asked the Texas Board of Pardons and Paroles and Texas Governor Rick Perry to halt the execution because of the likelihood that Clark suffers from mental retardation.