Virginia Governor Mark Warner (pictured) commuted the death sentence of Robin Lovitt to life in prison without parole, a decision he made to “ensure that every time the ultimate sanction is carried out, it is done fairly.” Warner noted his decision was based on concerns that Lovitt could not pursue new DNA testing on crucial evidence that could prove his innocence. The evidence, a pair of scissors that prosecutors say Lovitt used as the murder weapon, had been thrown out by a Virginia court clerk. During Lovitt’s trial, DNA tests on the scissors were inconclusive, and Lovitt’s fingerprints were not found on the scissors. His attorneys argued that losing the weapon had resulted in “profound unfairness” because Lovitt could not request more modern DNA tests on the evidence.

“I believe clemency should only be exercised in the most extraordinary circumstances. Among these are circumstances in which the normal and honored processes of our judicial system do not provide adequate relief - circumstances that, in fact, require executive intervention to reaffirm public confidence in our judicial system,” Warner said as he announced his decision to commute Lovitt’s sentence.

Lovitt was scheduled to be the 1,000th person executed since capital punishment was reinstated, and he is the first person to have his death sentence commuted by Warner. (New York Times, November 30, 2005). See Clemency and Life Without Parole.