Oklahoma Governor Brad Henry grant­ed clemen­cy to Richard Tandy Smith, who was orig­i­nal­ly sen­tenced to death for a 1986 shoot­ing dur­ing an alleged drug deal. Earlier this year, the Pardon and Parole Board approved a clemen­cy rec­om­men­da­tion for Smith and for­ward­ed it to the gov­er­nor for approval. Governor Henry said, This was a very dif­fi­cult deci­sion and one that I did not take light­ly. I am always reluc­tant to inter­vene in a cap­i­tal case, and I am very respect­ful of a jury’s ver­dict, the pros­e­cu­tors who tried the case and the vic­tim’s fam­i­ly who suf­fered because of the crime. However, after review­ing all of the evi­dence and hear­ing from both pros­e­cu­tors and defense attor­neys, I decid­ed the Pardon and Parole Board made a prop­er rec­om­men­da­tion to pro­vide clemen­cy and com­mute the death sen­tence. As a result, Richard Smith will be pun­ished by serv­ing the rest of his life behind bars with­out the pos­si­bil­i­ty of parole.”

(“Henry approves clemen­cy for Oklahoma death row inmate,” Associated Press, May 19, 2010). It has been not­ed that Oklahoma intro­duced the sen­tence of life with­out parole short­ly after Smith had been sen­tenced to death, so that option was not avail­able to the sen­tenc­ing jury. This was the first clemen­cy in a cap­i­tal case grant­ed by any state in 2010. See also Clemency and Life Without Parole.

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