Virginia Governor Commutes Death Sentence of Ivan Teleguz
On April 20, Virginia Governor Terry McAuliffe commuted the death sentence of Ivan Teleguz (pictured), whom the Commonwealth had scheduled to be executed on April 25. Teleguz will now serve a sentence of life without parole. It was the first death-penalty clemency ever issued by Gov. McAuliffe. The official statement released to the media in conjunction with the commutation outlined several of the factors that influenced the Governor's decision, including the prosecution's use of false evidence that tainted the jury's choice to sentence Teleguz to death. "[D]uring the trial, evidence was admitted implicating Mr. Teleguz in another murder in a small Pennsylvania town," McAuliffe said. "In arguing for the death penalty, the prosecutor made explicit reference to this evidence in arguing that Mr. Teleguz was so dangerous that he needed to be put to death. We now know that no such murder occurred, much less with any involvement by Mr. Teleguz. It was false information, plain and simple, and while I am sure that the evidence was admitted in a good-faith belief in its truthfulness at the time, we now know that to be incorrect." McAuliffe also cited the disproportionality of sentencing Teleguz to death when Michael Hetrick, the admitted killer, received a sentence of life without parole in exchange for his testimony against Teleguz. "To allow a sentence to stand based on false information and speculation is a violation of the very principles of justice our system holds dear," McAuliffe said. Teleguz maintains that he is innocent of the crime, and his clemency petition received support from numerous political, religious, and business leaders.
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With Looming Execution and Serious Innocence Concerns, Calls Mount for Virginia to Grant Clemency to Ivan Teleguz
Amid mounting concerns that Virginia may execute an innocent man on April 25, a diverse group of religious, political, and business leaders are calling on Virginia Governor Terry McAuliffe to grant clemency to Ivan Teleguz (pictured). Their pleas for clemency stress that Teleguz was convicted based upon highly unreliable testimony and sentenced to death based upon false testimony that he had been involved in a fabricated Pennsylvania murder that had, in fact, never occurred. Teleguz was convicted and sentenced to death on charges that he had hired Michael Hetrick to kill Stephanie Sipe, Teleguz's ex-girlfriend. But as a letter from more than two dozen prominent conservatives—including former Virginia Attorney General Mark Earley and former Republican Party of Virginia executive director Shaun Kenney—urging McAuliffe to spare Teleguz explains, the case against him "relied almost entirely on dubious testimony" from the confessed murderer and two other witnesses who "later admitted that they lied in court and swore under oath that Teleguz was not involved in Sipe’s murder." Hetrick, they write, "had incentive to lie, since he received a deal sparing him from the death penalty in exchange for his testimony against Teleguz." He is now serving a life sentence. The others "confessed to giving false testimony at trial because of threats from the prosecutor and promises she made to lessen the severity of their sentences." Teleguz's clemency petition is also supported by former Maryland Governor Robert Ehrlich, the Virginia Council of Churches, Virgin CEO Richard Branson, and more than 100,000 signers of a Change.org petition. The Richmond Times-Dispatch also urged McAuliffe to grant clemency, writing that "McAuliffe does not have to decide whether Teleguz is guilty or not. He merely has to decide whether new information casts doubt on the conviction." The paper wrote, "justice still will be served" by having Teleguz serve life in prison if he turns out to be guilty, but if the state executes an innocent man, "Virginia will have committed a great crime." The editorial concluded: "Given those two alternatives, the governor seems to face an easy choice." [UPDATE: On April 20, 2017, Virginia Governor Terry McAuliffe granted clemency to Ivan Teleguz.]
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Arkansas Parole Board Recommends Clemency for Jason McGehee
The Arkansas Parole Board voted 6-1 on April 5 to recommend clemency for Jason McGehee, one of the eight death-row prisoners scheduled to be executed in an unprecedented eleven-day period later this month. McGehee's clemency petition drew support from both the former Director of the Arkansas Department of Correction, Ray Hobbs, and the trial judge who presided in his case, Robert McCorkindale. Speaking on McGehee's behalf, Hobbs told the Board, "He has learned his lesson, and he still has value that can be given to others if his life is spared." McGehee's lawyer, assistant federal defender John C. Williams, said clemency was warranted for numerous reasons and "respectfully ask[ed] the Governor to accept the parole board’s recommendation and sentence Mr. McGehee to life without the possibility of parole instead of death." Williams emphasized that McGehee was only twenty years old when the murder occurred and had a "near-perfect" prison record. He said, "The parole board determined Mr. McGehee warrants clemency instead of death because of his exemplary behavior, his youth at the time of the crime, and also because his sentence is not proportional." Two of McGehee's co-defendants, whom his lawyers argued were at least as culpable as McGehee, had received lesser sentences. The Fair Punishment Project chronicled numerous mitigating factors that, because McGehee's lawyer at trial barely investigated the case, his jury never heard. This included evidence that McGehee had been diagnosed with bipolar disorder and that he had experienced severe abuse and neglect as a child that led him to use drugs and alcohol as early as sixth grade. The parole board has recommended against clemency for four of the other prisoners, despite issues in those cases that include seriously inadequate defense, histories of mental illness, and borderline intellectual disability. The board's recommendations are advisory, not binding, and Governor Asa Hutchinson makes the final decision whether or not to grant clemency. [UPDATE: The U.S. District Court for the Eastern District of Arkansas has stayed McGehee's execution pending final action by Governor Asa Hutchinson on the Parole Board's clemency recommendation.]
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President Obama Commutes Two Death Sentences
On January 17, 2017, President Barack Obama (pictured) commuted the death sentences of Abelardo Arboleda Ortiz, a federal death row prisoner, and Dwight Loving, a military death row prisoner. The two men were among 209 commutations and 64 pardons announced by the White House on the 17th. Ortiz's lawyers sought clemency from the President on the grounds that Ortiz was intellectually disabled, his right to consular notification under the Vienna Convention had been violated, he did not himself commit the murder and was not in the room when it occurred, and he had been denied effective assistance of counsel at trial. Loving's attorneys argued for clemency on the basis of ineffective assistance of counsel, racial and gender bias in the selection of members of his court-martial, and Supreme Court rulings that called into question the constitutionality of the process by which the military imposes the death penalty. In Loving's clemency petition, his lawyers state, "Issues of command influence, racial discrimination, and improper panel voting procedures – which were ignored by the courts based on technical legal evidentiary rules – will forever overshadow Loving’s death sentence. Executing him [will] not promote justice or ensure good order and discipline any more than a sentence of life imprisonment." Ortiz's lawyers said they were "incredibly grateful" to President Obama for the commutation. In a statement, Amy Gershenfeld Donnella said, "Mr. Arboleda Ortiz’s case highlights several of the glaring problems that plague the federal system no less than state systems: dreadful lawyering by defense counsel; disproportionate sentencing even among co-defendants; significant racial, economic and geographic disparities in the choice of those who will be tried capitally; and procedural constraints that make it virtually impossible to correct a conviction or sentence imposed, even in violation of the Constitution, when new evidence comes to light." His case, she said, "epitomizes the broken federal death penalty system." Although federal law and the U.S. Constitution both prohibit using the death penalty against persons who are intellectually disabled, Ortiz's trial lawyer never investigated his intellectual disability, Donnella said. As a result, the jurors made their decision on life or death "in a complete vaccuum" and "an intellectually disabled person of color with an IQ of 54 who was never able to learn to read, write, or do simple arithmetic, and could not even tie his shoes until he was ten years old" was sentenced to die. Both Ortiz and Loving will now serve sentences of life in prison without the possibility of parole.
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Mental Health Professionals, Religious Leaders Join Ricky Gray's Plea for Clemency
Ricky Gray (pictured), who is scheduled to be executed on January 18, is seeking clemency from Virginia Governor Terry McAuliffe, and his clemency petition has been joined by a diverse group of mental health professionals and the Virginia Catholic Conference. A letter signed by more than 50 mental health professionals, including two former commissioners of the Virginia Department of Behavioral Health and Developmental Services, urges McAuliffe to commute Gray's sentence because of Gray's history of "horrific" childhood abuse and his addiction at the time of the crime. Gray's jury never heard evidence that he was raped and sodomized almost daily from the ages of four to eleven, and that he turned to drugs as early as age 12 to numb the resulting trauma. At the time of his crime, he was under the influence of PCP. “In Mr. Gray’s case, his abuse and trauma were left unaddressed and predictably led to profound despair and other serious trauma symptoms, drug addiction, and the drug use that resulted in the tragic crimes he committed with Ray Dandridge,” the letter states. Gray's lawyers seek to have Gray's sentence commuted to life—the same sentence that Dandridge received. Gray's clemency petition includes reports from mental health experts who say that the extreme childhood trauma Gray endured altered his brain development, making him particularly susceptible to the effects of drugs. Gray has apologized for his involvement in the crimes, saying, "Remorse is not a deep enough word for how I feel. I know my words can’t bring anything back, but I continuously feel horrible for the circumstances that I put them through. ...There’s nothing I can do to make up for that. It’s never left my mind, because I understand exactly what I took from the world by looking at my two sisters. I’m reminded each time I talk and see them that this is what I took from the world." Governors in other states have granted clemency in some cases with similar circumstances. In September 2011, Ohio Governor John Kasich commuted the death sentence imposed on Joseph Murphy, citing Murphy's "brutally abusive upbringing." In January 2012, Delaware Governor Jack Markell commuted Robert Gattis' death sentence based on evidence of severe physical, emotional, and sexual abuse by family members. Both are now serving life sentences. Gray is also seeking a stay of execution from the U.S. Court of Appeals for the Fourth Circuit as he challenges the constitutionality of Virginia's proposed lethal injection protocol. UPDATE: The U.S. Court of Appeals for the Fourth Circuit denied Gray's request for a stay on January 13.
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