NO CLEMENCY APPEAL FOR DEATH ROW INMATE

FOR IMMEDIATE RELEASE
November 27, 2001 CONTACT:
Ken Rose, 919-956-9545
Staples Hughes, 919-560-3334

NO CLEMENCY APPEAL FOR DEATH ROW INMATE

RALEIGH, NC -- In the first case in which the Pope has asked a North Carolina Governor to spare the life of a condemned inmate, Governor Mike Easley - who is Catholic - will not be hearing from informed legal advocates on behalf on that inmate.

Charlotte attorney Michael Minsker represents John Hardy Rose, who is scheduled to be executed early Friday morning. Minsker will not be presenting a case for clemency on behalf of his client.

Attorneys in the Office of the Appellate Defender and the Center for Death Penalty Litigation, upon learning yesterday that Minsker would not be asking for clemency, asked Governor Easley for the opportunity to present a clemency case, and asked for sufficient time to do so. Until yesterday, they had been told that Minsker would, in fact, be asking for clemency from the Governor.

"On the basis of a superficial review, we've learned that as a child John Hardy Rose was forced to have sex with his father's mistresses, and that he suffers from mental illness," said Appellate Defender Staples Hughes. "This is a case that cries out for closer examination and clemency consideration."

Governor Easley refused to give the lawyers time to make a competent presentation.

"The Governors in North Carolina have a history of hearing from advocates for clemency," said Hughes. "For the first time, the Governor is saying that he will not hear from anyone with knowledge of the case. He has said 'no' to a temporary stay, and declined to give us adequate time to prepare a clemency presentation."

In 1999, death row inmate Wendell Flowers' attorneys chose not to present a clemency case on Flowers' behalf. The attorneys informed the Office of the Appellate Defender of their decision well in advance of Flowers' scheduled execution. Governor Hunt allowed Appellate Defender Tye Hunter to make a clemency presentation, even though Hunter was not Flowers' attorney. Hunter spent weeks preparing his presentation. Governor Hunt reviewed the case and ultimately commuted Flowers' sentence to life without parole.

People of Faith Against the Death Penalty has been allotted only ten minutes in which to make their plea for mercy to Governor Easley. "We are disturbed that Governor Easley is not giving this grave life and death matter the full attention it deserves," said PFADP Director, Steve Dear.

Father David McBriar, the Durham priest who wrote to the Pope about Rose's case, will attempt to relate the power of the Pope's message in that brief meeting today. Reverend Robert Seymour of Chapel Hill will also join the PFADP delegation. # # #

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