News and Developments 2009: Clemency

On August 6, Virginia Governor Tim Kaine held a press conference announcing conditional pardons to three of the four sailors known as the Norfolk Four. Danial Williams, Joseph Dick, Eric Williams and Derek Tic were were convicted of the 1997 rape and murder of Michelle Moore-Bosko. The pardoned defendants, Danial Williams, Dick and Tic were originally given life sentences, while Eric Williams was sentenced to eight and a half years in prison and had been released earlier.  The governor reduced the sentences of the three imprisoned men to time served, and they will be released soon.

This case has drawn widespread attention because of the lack of physical evidence linking the four to the crime, evidence of coerced confessions, and a letter from Omar Ballard, an acquaintance of Moore-Bosko, who confessed to the crime. Ballard's DNA was found at the scene of the crime, and in his confession, he said he acted alone. For more information, read: Men Threatened With the Death Penalty May Have Confessed to a Crime They Didn't Commit.

The Ohio Parole Board made a rare recommendation of clemency on July 17, voting 5-2 that Jason Getsy's death sentence should be reduced to life without parole.  Getsy is scheduled to be executed on August 18 for the murder of Ann Serafino in 1995.  A co-defendant who initiated and organized the crime received a lesser sentence of 35 years to life.   "In imposing a death sentence, it is imperative that we have consistency and similar penalties imposed upon similarly situated co-defendants," the Parole Board said.  Since Ohio resumed executions in 1999, the Parole Board has only recommended clemency two other times, and in both cases the governor followed the recommendations.

On May 20, twenty-seven former judges and prosecutors from across the political spectrum filed an amicus brief with the U.S. Supreme Court in support of Georgia death row inmate Troy Davis.  Signers of the amicus brief include Larry Thompson (Deputy Attorney General of the United States, 2001-2003), former Congressman Bob Barr (R-GA; U.S. Attorney for the Northern District of Georgia, 1986-1990); William S. Sessions (Director, Federal Bureau of Investigation, 1987-1993), and John Gibbons (former Chief Judge of the United States Court of Appeals, Third Circuit). Their brief urges the Court to order an evidentiary hearing in District Court, arguing that “Mr. Davis’ petition for an original writ meets this Court’s exceptional circumstances test because Mr. Davis can make an extraordinary showing through new, never reviewed evidence that strongly points to his innocence, and thus his execution would violate the Constitution.” Davis’ attorneys filed a writ of habeas corpus with the Court, pursuant to its original jurisdiction, asking for the same hearing.  Davis has a significant amount of new evidence pointing to his innocence that has never been fully reviewed in court.  He was sentenced to death primarily on eyewitness testimony, but 7 of the 9 eyewitnesses have recanted their testimony and some evidence points to one of the two remaining witnesses as the person who committed the murder.   The amicus brief may be read here and the original writ of habeas corpus may be read here.

Amnesty International has released a new report entitled, “Too much cruelty, too little clemency: Texas nears 200th execution under current governor.”  It examines many of the nearly 200 executions that have occurred during Governor Rick Perry’s term in office, as well as a few cases where executions are imminent.  The organization states that the Governor is not solely responsible for the fate of those on death row, but notes that Perry has “rarely exercised his power of reprieve, or used his authority to seek commutation of a death sentence, and continues to advocate strongly for capital punishment.”  The full report may be found here.

UPDATE: JOSE BRISENO RECEIVED A STAY OF EXECUTION ON APRIL 2.  Texas death row inmate Jose Briseno is scheduled to be executed on April 7.  However, a stream of letters and support, including some from the Texas Department of Criminal Justice staff, fellow prisoners, and a network of people outside of prison has been sent to the Texas Board of Pardon and Paroles asking that his sentence be commuted to life. According to the clemency petition submitted by his attorney, during his 17 years on death row, Briseno developed a profound spirituality that affected many people. Letters from people he impacted said he would be of greater service to society and to the prison by being allowed to live rather than executed.  Briseno was convicted in 1992 of the murder of the sheriff in Dimmit County, Texas.  See a video about Jose Briseno's life here.