Clemency

Ohio Governor Grants Reprieve to Raymond Tibbetts Following Juror’s Call for Mercy

Ohio Governor John Kasich (pictured, left) has granted a reprieve to Raymond Tibbetts (pictured, right), temporarily halting his execution to permit the Ohio Parole Board to consider a juror's plea for mercy in the case. In a February 8 letter to parole board Chairman Andre Imbrogno, the Governor requested that the Board convene a hearing to consider concerns about the case raised by Ross Geiger, one of the Tibbetts jurors. To facilitate that review, Kasich issued a temporary reprieve of Tibbetts’s execution, rescheduling it from February 13 to October 17, 2018, “unless further reprieve or clemency is granted.” On January 30, Kasich received a letter from Geiger alerting the Governor to Geiger’s “deep concerns about the trial and the way it transpired.” Geiger said the jury had never been given critical information from witnesses and institutional records that detailed Tibbetts's brutal upbringing, abandonment, and abuse in the foster care system and that “prosecutors got it wrong if not lied” to the jury about Tibbetts’s siblings having overcome that abuse to live normal lives. Geiger told the Governor “that the system was and seems to be today very flawed in this case.” He said, “if I had known all the facts, if the prosecutors had been honest and forthcoming about the horrors [Tibbetts] and his siblings experienced in the foster care system, and if we had an accurate understanding of the effects of Mr. Tibbetts’ severe drug and alcohol addiction and his improper opioid prescription, I would have voted for life without parole over death.” In the Governor’s letter to the Board, Kasich wrote: “Mr. Geiger claims that had he known then all of the information presented at Inmate Tibbetts’ 2017 clemency hearing, including the testimony of Inmate Tibbett’s sister, he would not have voted to recommend death back in 1997. Since this letter was received by me after the board's hearing and vote on Inmate Tibbetts’ case, I would like the board to review his case in light of this new information.” In a statement, Tibbetts’s attorney, Erin Barnhart, said that Geiger’s letter provided “incontrovertible proof that Mr. Tibbetts never would have ended up on death row had the system functioned properly” in his case. She praised Kasich for “act[ing] in the interests of fairness and justice” and said the Governor “has done our State a great service today by ensuring that careful consideration is given” to the new information from Geiger. Barnhart said the defense was “confident” that after considering Geiger's concerns, “the Board and the Governor will agree that clemency is appropriate to correct the failures in the legal process in this case.”

Ohio Juror Asks Governor to Commute Death Sentence of Raymond Tibbetts

A juror who served on the capital murder trial of Raymond Tibbetts (pictured) and voted to sentence Tibbetts to death has written to Ohio Governor John Kasich asking Kasich to halt Tibbetts’s scheduled February 13 execution and commute his sentence to life without parole. In a January 30 letter to Governor Kasich, juror Ross Geiger—who, at the time of trial, described himself as a conservative Republican—said after learning the “truly terrible conditions” in which Tibbetts was brought up and the role the prescription of opioid painkillers played in the murder, he had “deep concerns about the trial and the way it transpired.” Geiger told the Governor “that the system was and seems to be today very flawed in this case” and that, “[b]ased on what I know today, I would not have recommended the death penalty.” Geiger became interested in the status of Tibbetts’s case after reading a recent news story about a challenge to Ohio’s method of execution. Researching on his own, he learned of Tibbetts’s pending execution and saw links to the clemency materials filed in the case. “Imagine my anger,” he wrote, “when I was able to review the clemency [materials]” and found “[p]ages of relevant information” that were never provided to the jury detailing “the abandonment, foster abuse, and reabandonment” that Tibbetts had experienced “and that it began before Tibbets was even two years old.” At trial, Tibbetts’s lawyer presented a psychiatrist who provided anecdotal testimony about Tibbetts’s background, but provided the jury with no social service records or family witnesses supporting that testimony. Prosecutors, Geiger said, “dismantled” the defense evidence by arguing that “lots of people with troubled childhoods do not become murderers [and] strongly impl[ying] that Tibbets [sic] siblings turned out fine.” Geiger said his mind was changed when he learned of defense counsel’s ineptitude, that the defense had never asked Tibbetts’s sister to testify, and what he called “[t]he revelation that the prosecutors got it wrong if not lied about Tibbets [sic] siblings having normal lives.” Geiger said he was shocked to learn about the brutal conditions in the foster home in which Tibbetts and his brothers lived, including being tied to a bed, thrown down stairs, having their fingers burned and beaten, and not being fed properly. "In fact," Gieger wrote in an op-ed in the Cleveland Plain Dearer, "of Mr. Tibbetts' four siblings, one committed suicide, one also spent time in prison, one is essentially homeless and unemployed, and only his sister is now doing well, despite having had a very turbulent younger life." Also supporting his plea for mercy, Geiger said that he and his fellow jurors did know that Tibbetts had a history of drug abuse and they were “not aware of the very real problem of prescribing opioids to people with addictive behaviors.” Tibbetts never received mental health treatment for his traumatic childhood and turned to alcohol and drugs to dull the pain. Although he repeatedly tried to combat his addiction, and for several years seemed to have his life under control, he then suffered an on-the-job back injury, for which he was prescribed an opioid painkiller, causing him to relapse into addiction. In the months leading up to the crime, Tibbetts attempted suicide and tried to get into a treatment program, but was turned down. Tibbetts killed two people after a crack-related argument. Geiger told Associated Press that, at the time of trial, he believed the law required him to vote for death based on the evidence the jury had heard and that he now feels "duped by the system." He said, “The state asked me to carry the responsibility for such a decision but withheld information from me that was important.” Ohio prosecutors oppose clemency for Tibbetts, saying that his mitigating evidence does not outweigh the circumstances of the crime. 

Father Who Survived Shooting Asks Texas Not to Execute His Son

Kent Whitaker, who survived a shooting in which his wife, Tricia and younger son, Kevin were murdered, has asked the state of Texas to spare the life of his only remaining son, Thomas “Bart” Whitaker (pictured), who was convicted and sentenced to death for their murders. Kent Whitaker told the Austin American-Statesman, “I have seen too much killing already. I don’t want to see him executed right there in front of my eyes," he said. The petition for clemency filed on January 10 by Bart Whitaker's lawyers asks the Texas Board of Pardons and Paroles to recommend commuting his death sentence to life without parole, saying the execution—scheduled for February 22—will “permanently compound” Kent Whitaker's suffering and grief. The petition asks the Board: “Is killing Thomas Whitaker more important than sparing Kent Whitaker?” Texas prosecutors have argued that Bart Whitaker arranged with an acquaintance in 2003 to murder his family as part of a plot to collect a $1 million inheritance. Bart's father, however, believes "[i]t was never about the money. ... The prosecution always way overexaggerated my wealth because that played into their arguments,” he said. Instead, he believes his son had been suffering from unrecognized mental-health issues at the time of the murders. The clemency petition is supported by more than 60 letters from family members, friends, teachers and counselors, religious leaders, and fellow death-row prisoners. Fort Bend county District Attorney John Healy mocked the letters as coming from "a noble group of supporters." In an emotional op-ed published on January 18 in the Houston Chronicle, Kent Whitaker defended his son's supporters, saying it "is a noble group: people who knew Bart and have seen him grow and change." The clemency petition, Kent Whitaker wrote, "tries to correct the district attorney's over reach in pursuing the death penalty and how it will once again hurt all of the victims. For 18 months pre-trial, every victim—my wife's entire family, me and all of my family—actually begged the district attorney to accept two life sentences and spare us the horror of a trial and an eventual execution. But we were ignored.” Kent Whitaker writes that the clemency petition "is asking the board to acknowledge that Texas is a victim's rights state, even when the victim asks for mercy.” He says that he knows his late wife and son would not want Bart, who he says has matured and bettered himself while in prison, to be executed. Kent told the American-Statesman that he did not want to see the execution, "[b]ut I can’t imagine letting him be in the room by himself without anyone there with him. ... As he goes to sleep, I want him to be able to look at me and see that I love him.” he said. The man who carried out the killings received a life sentence after pleading guilty to murder. The getaway driver, who also could have faced the death penalty under Texas law, was permitted to plead to a 15-year prison term in exchange for testifying against Whitaker.

Virginia Governor Commutes Death Sentence of Mentally Incompetent Death-Row Prisoner

Virginia Governor Terry McAuliffe commuted the sentence of mentally incompetent death-row prisoner William Joseph Burns (pictured) on December 29, 2017, after multiple mental-health experts said Burns was unlikely to regain sufficient competency for his death sentence to ever be carried out. Burns, whose sentence was converted to life in prison without the possibility of parole, became the fifth death-row prisoner to have been granted clemency in the United States in 2017. Burns was convicted and sentenced to death for the 1998 rape and murder of his mother-in-law. Showing signs of severe mental illness, Burns was found incompetent to stand trial in 1999, delaying his trial for a year. At trial, his lawyers presented mitigating evidence that Burns had mental retardation (now known as intellectual disability), but the jury returned a death verdict. The Virginia Supreme Court upheld the conviction and sentence in 2001, but in 2002, the U.S. Supreme Court declared that the use of the death penalty against people with mental retardation violated the Eighth Amendment. In 2005, the Virginia Supreme Court ruled that Burns had presented sufficient evidence of intellectual disability to warrant a trial on that issue. However, Burns exhibited continuing signs of severe mental illness and a court-appointed mental-health expert determined that he was actively psychotic, spawning more than a decade of litigation over his competency to stand trial. In issuing the commutation, McAuliffe wrote that the “continued pursuit of the execution of Mr. Burns, both as a matter of constitutional principle and legal practicality, cannot be justified.” McAuliffe noted that Virginia has already spent more than $350,000 in "treating, transferring, monitoring, and litigating whether Mr. Burns has the mental competence to conduct a trial on whether he has the intellectual capacity to be executed" and mental-health experts "have confirmed that Mr. Burns is not likely to be restored to competence. ... As of now," the Governor said, "there is no lawful way to impose the death sentence on Mr. Burns, and there is no clear path for that ever being possible." The commutation, McAuliffe said, "brings finality to these legal proceedings; it assures the victim’s family that Mr. Burns will never again enjoy freedom, but without the torment of post-trial litigation; and it allows the Commonwealth to devote its resources towards other cases. In my view, this is the only just and reasonable course." Virginia governors have commuted ten death sentences since the Commonwealth reinstated its death penalty in October 1975. In 2000, following DNA testing that proved his innocence, Governor Jim Gillmore granted an absolute pardon to Earl Washington. Most recently, Governor McAuliffe commuted the death sentence of Ivan Teleguz five days before his scheduled April 25, 2017 execution, noting that the prosecution's use of false evidence to influence the jury's sentencing determination resulted in a death verdict that “was terribly flawed and unfair.”

Texas District Attorney Asks State to Spare Life of Man She Prosecuted Under Controversial “Law of Parties”

The Texas prosecutor who sought and obtained the death penalty almost 20 years ago against Jeffery Wood (pictured), a man who never killed anyone, has now asked that his sentence be reduced to life in prison. In a letter to the Texas Board of Pardons and Parole, sent in August and obtained December 7 by the Texas TribuneKerr County District Attorney Lucy Wilke asked the board to recommend that Governor Greg Abbott grant Wood clemency and commute his sentence to life in prison. In 1998, Wilke—then an assistant district attorney—prosecuted Wood for the 1996 murder of Kriss Keeran, a Kerrville convenience store clerk who was shot to death by Wood's roommate, Daniel Reneau, while Reneau was robbing the store. Reneau was executed. Wood, who has denied that he had any knowledge that Reneau was going to commit a robbery or had taken a gun into the store, was sitting outside in the truck when the shooting occurred. He was prosecuted for murder and sentenced to death under Texas’s felony-murder statute, commonly known as the law of parties, which holds an accomplice liable for the actions of every other participant in the crime, even if the accomplice did not know and did not intend that a murder would occur. Wood's case drew national attention when the state scheduled his execution for August 2016. At that time, a broad range of groups, including evangelical leaders, state representatives, and editorial boards, called for Wood to be spared. More than 50 House members of both parties signed on to a letter written by conservative Rep. Jeff Leach asking Gov. Abbott and the pardons board to reduce Wood's sentence. Six days before his scheduled execution, the Texas Court of Criminal Appeals stayed Wood's execution on unrelated grounds, sending his case back to the Kerr County trial court to review Wood’s claim his death sentence was the product of false predictions of future dangerousness by a psychiatrist, Dr. James Grigson, who had been expelled from the American Psychiatric Association and Texas Society of Psychiatric Physicians for his unprofessional practices. "Had I known about Dr. Grigson’s issues with said organizations, I would not have used him as the State’s expert witness in this case on the issue of future dangerousness,” Wilke wrote in the letter. Although Wilke actively pursued the death penalty against Wood, she told the pardons board that “the penalty now appears to be excessive.” “While I am aware that requests for clemency in Death Penalty Capital Murder cases are normally considered when there is an execution date pending,” Wilke wrote, “I respectfully ask that you consider this request for commutation of sentence and act on it now, in the absence of such an execution date, in the interest of justice and judicial economy." Along with the fact that he wasn't the shooter, Wilke cited Wood's below-average IQ of 80, his history of nonviolence, and Dr. Grigson’s testimony as grounds for clemency. The letter was co-signed by Kerrville Police Chief David Knight, who was an officer at the time of the murder, and District Court Judge Keith Williams, who is presiding over Wood's challenge to the constitutionality of the prosecution's use of "false testimony and false scientific evidence" from Dr. Grigson.

Missouri Governor Stays Execution of Marcellus Williams to Consider Evidence of Innocence

Calling a sentence of death "the ultimate, permanent punishment," Missouri Governor Eric Greitens (pictured) has stayed the execution of Marcellus Williams “in light of new information" that Williams's lawyers say demonstrate he is innocent of the murder of former St. Louis Post-Dispatch reporter Felisha Gayle. Hours before Williams's scheduled August 22 execution, Greitens issued an executive order that granted Williams a stay and created a Board of Inquiry to review “newly discovered DNA evidence” and “any other relevant evidence not available to the jury” and to make recommendations on Williams's application for executive clemency. In a statement posted on the Governor's webpage, Greitens said "To carry out the death penalty, the people of Missouri must have confidence in the judgment of guilt." Williams's lawyers had presented the governor and Missouri's state and federal courts with the results of new DNA testing of the knife used in the killing, which a defense expert said excluded Williams and implicated an unknown man as the killer. No physical evidence links Williams to the murder, and neither footprints from the murder scene nor DNA from the victim's clothing and under her fingernails match Williams. The courts had denied Williams an evidentiary hearing on his new evidence and declined to stay his execution, and his lawyers' motions to stay his execution were pending before the U.S. Supreme Court when Greitens issued the stay. Kent Gibson, one of Williams's lawyers, said at the time, “They’re never going to ever confront an actual innocence cause more persuading than this involving exonerating DNA evidence. I’ve seen a lot of miscarriages of justice, but this one would take the cake.” Nina Morrison, senior staff attorney at the Innocence Project, which assisted Williams's lawyers in their request to the governor, praised Greitens's decision. "We are relieved and grateful that Gov. Greitens halted Missouri's rush to execution and appointed a Board of Inquiry to hear the new DNA and other evidence supporting Mr. Williams' innocence," she said. "While many Americans hold different views on the death penalty, there is an overwhelming consensus that those sentenced to death should be given due process and a full hearing on all their claims before an execution, and the governor's action honors that principle." NAACP Legal Defense and Educational Fund litigation director, Sam Spital, called the governor’s action "significant" because it reflected the recognition that "when you have capital punishment as an issue, the people of Missouri, like the people of many states, need to have absolute confidence that the conviction is sound.” The case, he said, was “marred by racial discrimination,” with prosecutors striking all but one black juror from a case with a black male defendant and white female victim. Following the governor’s decision, Gipson said he was “looking forward to" the opportunity to present the evidence of Williams's innocence. “I’m confident that we’re going to get a favorable recommendation.”

Mid-Year Review: Executions, New Death Sentences Remain Near Historic Lows in First Half of 2017

As we reach the mid-point of the year, executions and new death sentences are on pace to remain near historic lows in 2017, continuing the long-term historic decline in capital punishment across the United States. As of June 30, six states have carried out 13 executions, with 30 other executions that had been scheduled for that period halted by judicial stays or injunctions, gubernatorial reprieves or commutation, or rescheduled. By contrast, at the midpoint of 2016, five states had carried out 14 executions, and 25 other executions had been halted. 12 executions are currently scheduled for the rest of 2017, with 8 others already halted, and several more death warrants are expected to be issued. Depending on whether Ohio carries out the five executions pending between now and December, DPIC anticipates a slight increase in executions in the U.S. from 2016's 26-year low. However, even with the spate of four executions carried out in Arkansas from April 20-27—that state's first executions since 2005—there will likely be fewer executions in 2017 than in any other year since 1990. New death sentences also remain near historically low levels. DPIC has confirmed at least 16 new death sentences so far in 2017, a pace very close to the record-low 31 new death sentences imposed in 2016. Florida's abandonment of non-unanimous jury recommendations of death and Alabama's repeal of judicial override of jury recommendations for life are expected to substantially reduce the number of new death sentences in those states. The death sentences of nearly 100 Florida death-row prisoners have been overturned as a result of the state supreme court's declaration than non-unanimous death sentences are unconstitutional, and courts in Delaware and Connecticut have continued emptying those state's death rows after their death penalty statutes were declared unconstitutional. Three people have been exonerated from death row in 2017—Isaiah McCoy in Delaware, Rodricus Crawford in Louisiana, and Ralph Daniel Wright, Jr. in Florida—bringing the number of death-row exonerations in the U.S. since 1973 to 159. There have also been three grants of clemency in the first half of 2017, bringing the national total since 1976 to 283. President Barack Obama granted clemency to federal death-row prisoner Abelardo Arboleda Ortiz and military death-row prisoner Dwight Loving, and Virginia Governor Terry McAuliffe granted clemency to Ivan Teleguz. All three are now serving sentences of life without parole. The U.S. Supreme Court has issued three significant decisions in 2017 in favor of death-row prisoners. On February 22, in Buck v. Davis, the Court granted relief to Duane Buck due to racially biased testimony on the issue of future dangerousness. A month later, in Moore v. Texas, the Court unanimously struck down Texas' outlier practice for determining intellectual disability in capital cases. In McWilliams v. Dunn, the Court found on June 19 that James McWilliams' constitutional rights were violated when Alabama failed to provide him assistance of an independent mental-health expert. The Court ruled against Texas death-row prisoner Erick Davila on June 26.

Lawyers for Seriously Mentally Ill Virginia Death-Row Prisoner Ask Governor for Clemency

Lawyers for William Morva (pictured), a seriously mentally ill death-row prisoner suffering from a delusional disorder that leaves him unable to distinguish his delusions from reality, has petitioned Virginia Governor Terry McAuliffe seeking clemency from his scheduled July 6, 2017 execution. Morva's lawyers say that he has suffered for years from "a serious psychotic disorder" that includes beliefs that "local law enforcement and the Administration of former President George W. Bush conspired to harass him, to arrest him unjustly, and to incarcerate him in jail conditions that would cause his death." He also believes that he suffers from "a life-threatening gastrointestinal condition that require[s] him to spend hours every day on a toilet and adhere to a diet of raw meat, berries, and pinecones." Morva was sentenced to death for killing a hospital security guard and a corporal with the sheriff's office in an escape from custody. Because Morva was misdiagnosed with a personality disorder before trial, his jury was never told about his serious mental illness and the role that it played in the murders. According to Morva's lawyers, after having been taken to a hospital for evaluation of his complaint of having been injured falling from a bunk in an overcrowded county jail, Morva falsely believed that his life was in imminent danger and that he needed to escape. Morva has been on death row since 2008, but has never received treatment for his mental illness, although, his lawyers say, "administration of anti-psychotic medications has proven successful in controlling symptoms of people similarly affected.” His mental condition has continued to deteriorate in his time on death row. The psychiatrist who diagnosed Morva considered his prognosis for successful treatment to be “very promising,” in part because Morva’s older brother was successfully treated for a psychotic disorder when he was around Morva's current age. Virginia Governors James Gilmore and Timothy Kaine cited concerns about serious mental illness when they commuted the death sentences of Calvin Swann and Percy Walton. Governor McAuliffe is out of the country through June 30, but a spokesman says he will review the clemency petition and make an announcement when the review is complete.  [UPDATE: Governor McAuliffe denied clemency to Morva on July 6 and Virginia executed him that night. McAuliffe also denied a request for a temporary reprieve after Morva's lawyers learned of problems with the execution of Ricky Gray. An independent autopsy report suggested that Gray had suffered an an acute pulmonary edema during his execution and had blood in his lungs while he was still breathing.]

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