Execution Stayed Because Jurors May Have Been Misinformed about Life Sentence
Oklahoma Governor Brad Henry granted a 30-day stay of execution for
Kevin Young who was scheduled to die on July 22. The Oklahoma Pardon
and Parole Board recommended clemency for Young a week earlier after
hearing tape recorded statements from jurors stating that they hadn’t
wanted to give Young the death sentence but didn’t receive
clarification when they asked whether he would be eligible for parole
if he was sentenced to life without parole. One juror explained, “We
felt that the crime did not warrant the death penalty. We did not want
this man on the street ever. Period. When we asked for clarification,
we were told that we had all the information that we needed to make a
decision. We’re not lawyers, and all we knew is what we saw on TV.”
While
the jurors wanted to sentence Young to life without parole so he would
not be let out of prison, the lack of information left them believing
they had no choice but the death sentence. The same juror said he has
frequently looked back on the decision and wished they had come to a
different conclusion. When the opportunity arose to make a statement to
the Pardon and Parole Board, he felt he had to speak out. “When the
opportunity came up to try to right the wrong I took [it],” he said.
The Board has only recommended clemency 4 times in the last 5 years and
Governor Henry has only granted clemency once since taking office in
2003. He granted the stay because, “This is a life and death matter,
and a deliberative review process cannot be completed by the scheduled
execution date.” He added, “I take all clemency recommendations very
seriously and I will do my best to render a fair and just decision.”
The new tentative execution date for Young has been set for August 21.
(J. Bisbee, "Clemency bid for Kevin Young brings 30-day execution stay---jurors requested clarification," Oklahoman, July 16, 2008). See Life Without Parole and Clemency.
UPDATE: Governor commuted the execution on July 24, 2008.