Gaile Owens is cur­rent­ly on death row in Tennessee and await­ing a deci­sion from the Tennessee Supreme Court on a request to reduce her sen­tence to life. Owens’s attor­neys have asked the state’s high court to remove the death penal­ty because her case presents unique cir­cum­stances that war­rant the rare move. Owens may face exe­cu­tion soon for solic­it­ing the 1985 mur­der of her hus­band, Ronald Owens, a man she said repeat­ed­ly abused her. Sidney Porterfield, whom she hired to kill her hus­band, is also cur­rent­ly on death row. Owens accept­ed an offer from the pros­e­cu­tor to plead guilty in exchange for a life sen­tence, but the pros­e­cu­tor backed out of the agree­ment when Porterfield would not accept the same plea. Owens and Porterfield were tried and sen­tenced to death togeth­er, after a judge refused to try their cas­es sep­a­rate­ly. Owens is the only inmate on death row who agreed to a plea bar­gain for a life sentence.

No jury ever heard the details of the abuse Owens said she endured with her hus­band. She said she was sex­u­al­ly and emo­tion­al­ly abused, but nev­er took the stand in her own defense because she want­ed to pro­tect her sons from the details. Courts have increas­ing­ly rec­og­nized a diag­no­sis of bat­tered women’s syn­drome, a men­tal dis­or­der involv­ing a female who is the vic­tim of con­sis­tent, severe domestic violence.

Owens’s attor­neys are also seek­ing a com­mu­ta­tion from the gov­er­nor. Nashville attor­ney George Barrett said if the gov­er­nor denies the peti­tion for clemen­cy, we will be exe­cut­ing a bat­tered woman. That would be a first for Tennessee.” Owens is one of two women cur­rent­ly on Tennessee’s death row, and would be the first woman exe­cut­ed in the state since the 1900s.

(K. Howard, Gaile Owens’ attor­neys ask TN high court to com­mute death sen­tence,” The Tennessean, February 6, 2010). For more infor­ma­tion, read ARBITRARINESS: Different Outcomes in Similar Murder Cases in Tennessee,” or vis­it Friends of Gaile. See also Arbitrariness and Women.

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