Clemency

MENTAL ILLNESS: Mississippi Inmate With Severe Mental Illness Faces Imminent Execution

Edwin Turner (pictured), a death row inmate in Mississippi, is scheduled for execution on February 8. His attorney, Jim Craig, has petitioned the U.S. Supreme Court and Governor Phil Bryant for a reprieve, based in part on Turner's mental illness.  Craig said, “The Supreme Court has not decided the question of whether a prisoner with a severe mental disorder or disability which significantly impairs that person’s ability to rationally process information, to make reasonable judgments and to control their impulses, whether people in that category can be executed. So we’re asking the Supreme Court to establish that it would be contrary to consensus of moral values, that it would be cruel and unusual punishment, to execute someone with severe mental illness.”  Turner is facing execution for the 1995 shooting of a clerk and a customer at a gas station.  His accomplice received a sentence of life without parole after pleading guilty to murder.  Turner has a long family history of mental illness: his great-grandmother and grandmother were committed to state hospitals. Turner’s mother attempted suicide twice, and his father was killed in an explosion that some believe was a suicide.  Turner has also attempted suicide several times, including one instance that left his face permanently disfigured. UPDATE: Altlhough a federal District Court granted a stay on Feb. 6, the Court of Appeals lifted the stay on Feb. 8, and the state is planning to carry out the execution as scheduled.

Delaware Death Row Inmate Granted Clemency, Citing Evidence of Severe Childhood Abuse

On January 17, Delaware Governor Jack Markell commuted the death sentence of Robert Gattis (pictured) to life without parole, citing the defendant's troubled childhood. Gattis was scheduled for execution on January 20. By a 4-1 vote, the Delaware Board of Pardons had recommended sparing Gattis’s life, citing evidence from Gattis’s childhood that indicated severe physical, emotional, and sexual abuse by family members. In granting clemency, Gov. Markell stated: "Even if one were to discount certain of the allegations of sexual abuse recently alleged by Mr. Gattis (as the Board did), the fact remains that Mr. Gattis’s family background is among the most troubling I have encountered… My decision is among the most difficult I have had to make in all my years in public service. But in light of the Board’s unprecedented decision and the reasons set forth above, I believe it is the correct one under the circumstances.”  As a condition of clemency, Gattis must agree not to challenge his conviction or sentence and to not request a further commutation.

UPCOMING EXECUTION: Extreme Childhood Abuse of Delaware Defendant Never Presented to Jury

On January 3, attorneys for Robert Gattis (pictured) filed a clemency petition with the Delaware Board of Pardons, requesting they recommend commuting his death sentence to life without parole.  Gattis is scheduled for execution on January 20.  According to the petition, details of frequent sexual, physical and psychological abuse occuring during Gattis's childhood were never presented to the jury or the judge at the time of his sentencing.  As a pre-school child and through adolescence, Gattis was the victim of repeated rapes and molestations by multiple perpetrators, including both male and female family members.  John Deckers, an attorney for Gattis said, “The kind of sexual, physical and psychological abuse that Mr. Gattis suffered is precisely the kind of information that a sentencing judge and jury should know when deciding whether to sentence someone to life or death, but Mr. Gattis's sentencing judge and jury never knew this information.  They did not have an accurate picture of Mr. Gattis or the crime, and clemency is the mechanism that allows the Governor to correct such mistakes in the legal system.”  A pardons-board recommendation for clemency is necessary for Governor Jack Markell to commute the sentence.  Gattis was sentenced to death in 1992 for killing his former girlfriend.

Oklahoma Board Closely Split on First Execution for 2012

On December 5, the Oklahoma Pardon and Parole Board narrowly voted (3-2) to deny clemency to death row inmate Gary Welch, the first person scheduled to be executed in the country in 2012.  Welch was sentenced to death in 1996 for a murder that started as a fight related to a drug deal.  Welch said the victim first stabbed him with a knife and he tried to defend himself.  "To me, this was life or death. It was just luck that I survived," said Welch.  "My intentions were never to kill him.  But I also didn't intend for him to kill me either."  Welch's co-defendant, Claudie Conover, was also initially sentenced to death, but the sentence was later reduced to life without the possibility of parole.  Conover died of natural causes in 2001.  In Oklahoma, the governor makes the final decision on clemency, but must first have a positive recommendation from the Parole Board.

NEW VOICES: Former Texas Governor Supports Actions by Oregon's Governor

In a recent op-ed in Oregon's Statesman Journal, former Texas Governor Mark White (pictured) applauded Oregon Governor John Kitzhaber’s decision to grant a reprieve to death row inmate Gary Haugen and to halt all executions in the state.  Governor White wrote, “I think Kitzhaber's decision is respectable and courageous. In Oregon, as in Texas, it is clearly within the constitutional authority of the governor to grant reprieves and commutations. With that authority comes the responsibility to ensure the state's laws are carried out fairly and within the state and federal constitutions. He concluded that Oregon's death penalty as a system was not passing that test.”  Governor White also said that Governor Kitzhaber’s decision now allows time for the state to study the death penalty and address serious concerns about the system.  Governor White concluded, “Such a decision should be welcomed by all who value justice, regardless of their personal beliefs about the death penalty.” Read full op-ed below.

CLEMENCY: Ohio Death Row Inmate Granted Clemency, Citing 'Brutally Abusive Upbringing'

On September 26, Ohio Governor John Kasich (pictured) granted clemency to Joseph Murphy, commuting his death sentence to life without parole, citing the defendant's horrific childhood. Murphy was scheduled for execution on October 18. The Ohio Parole Board had unanimously recommended sparing Murphy's life, citing evidence from Murphy's childhood that indicated he was beaten, starved and sexually abused.  The Parole Board also cited a 1992 Ohio Supreme Court decision in which late Justice Moyer said he knew of no other case in which a defendant "was as destined for disaster as was Joseph Murphy."  Governor Kasich issued the following statement regarding the clemency: "Joseph Murphy’s murder of Ruth Predmore was heinous and disturbing and he deserves—and continues to receive—severe punishment. Even though as a child and adolescent Murphy suffered uniquely severe and sustained verbal, physical and sexual abuse from those who should have loved him, it does not excuse his crime.... After examining this case in detail with counsel I agree with Chief Justice Moyer, the National Association of Mental Illness and the Parole Board’s unanimous 8-0 decision that considering Joseph Murphy’s brutally abusive upbringing and the relatively young age at which he committed this terrible crime, the death penalty is not appropriate in this case. Thus, I have commuted his sentence to life in prison with no chance for parole."

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