Prisoners With Executions Dates in South Carolina and Idaho File Requests for Clemency

Attorneys for South Carolina death row prisoner Richard Moore (pictured) filed a clemency petition with Governor Henry McMaster, asking him to commute his sentence to life in prison without the possibility of parole. Mr. Moore has garnered support from a wide range of individuals, including the former director of South Carolina Department of Corrections Jon Ozmint. In a letter to Gov. McMaster, Mr. Ozmint writes about how Mr. Moore’s “story of redemption” and good behavior will allow him to serve as a “positive influence on hundreds of offenders,” especially “the most recalcitrant and hopeless of young offenders.” Mr. Ozmint also writes that had Mr. Moore’s crime taken place in a different county, the crime likely would not have been considered for the death penalty. Mr. Ozmint notes that “dozens of murderers currently serving life sentences in SCDC had more serious criminal histories and committed far more heinous killings.”

In addition to Mr. Ozmint, three former jurors who served on Mr. Moore’s jury now believe that he should be resentenced to life without parole because of “the work he has done to rehabilitate himself while incarcerated.” Retired South Carolina Circuit Court Judge Gary Clay, who presided over Mr. Moore’s trial, also supports his request for clemency. In a letter to Gov. McMaster, Judge Clay explains that during his time as a circuit court judge, he was assigned to preside over nine death penalty trials, including Mr. Moore’s. Judge Clay makes no excuses for Mr. Moore’s actions but writes that after studying the case of each individual on the state’s death row, he has determined that Mr. Moore’s case is “unique, and after years of thoughtful reflection, [he] humbly ask[s]” Gov. McMaster to grant executive clemency “as an act of grace and mercy.”

Children and family members of Mr. Moore have also urged Gov. McMaster to spare his life. Lyndall Moore, Mr. Moore’s son, told The Guardian that his father is “a human being. He made some mistakes, but he’s not a menace. He’s not a monster. There is no gain in allowing the state to take his life, it doesn’t make anything better…He’s a changed man. He deserves to keep living. We want him here.” Mr. Moore’s daughter, Alexandria Moore, said that “despite everything, he has remained my dad. That has not gone away and it never will.” Ms. Moore spoke of her father’s active role in her life and her daughters’ lives, despite his incarceration. “Even with the physical distance, he is very much here and part of my girls’ life and my life. My daughter dances for him and shows him her toys.” She added that she “will always be a daddy’s girl, and that’s not because of what he’s done, it’s how he’s made me feel…He has left and will continue to leave such a positive mark all over the world.”

Mr. Moore is scheduled to be executed on November 1, 2024, despite concerns regarding the role racial bias played in his trial, and the proportionality of his sentencing. Mr. Moore, who is Black, was convicted and sentenced to death in 2001 for his role in a 1999 robbery of a convenience store that ended in the death of a white store clerk. While Mr. Moore admitted to his involvement in the robbery, his counsel has argued that the shooting was unintentional, and thus, not a capital crime. Mr. Moore entered the convenience store unarmed, but James Mahoney, the store clerk working at the time, had two weapons and threatened Mr. Moore.  During a struggle for the weapon, Mr. Moore was shot by Mr. Mahoney, and he shot Mr. Mahoney, who later died. Defense attorneys have argued that Mr. Moore killed Mr. Mahoney in self-defense and said that “no other South Carolina death penalty case has involved an unarmed defendant who defended himself when the victim threatened him with a weapon.” In 2021, Mr. Moore’s attorneys argued before the state Supreme Court that his sentence was disproportionate to the crime. His attorneys told the justices that of the 183 individuals sentenced to death in South Carolina since 1976, there has been no comparable case of a fatal robbery that began unarmed. The majority rejected his attorneys’ arguments, but Justice Kay Hearn issued a dissent in which she said Mr. Moore’s sentence was “invalid” and “disproportionate.” Justice Hearn ultimately wrote that “Richard Moore will be put to death for a sentence that I do not believe is legal.”

Prosecutors at Mr. Moore’s trial struck all eligible Black individuals from the jury that would ultimately sentence him to death. In Justice Hearn’s dissent, she noted that “[Mr.] Moore’s case highlights many of the pitfalls endemic to the death penalty, beginning with the role race plays… [Mr.] Moore’s death sentence is a relic of a bygone era, where he was convicted by a jury comprised of eleven Caucasians and one Hispanic.” According to Mr. Moore’s attorneys, records show the Hispanic juror identified as White. Justice Hearn also noted “alarming” disparities in capital cases from Spartanburg County, where Mr. Moore was prosecuted. Between 1985 and 2001, of the 21 death penalty cases tried in Spartanburg, all but one case involved white victims. Over the course of eight years, Spartanburg prosecutors sought the death penalty in 43% of eligible cases involving white victims, but did not seek it in any cases with a Black victim.

On October 22, 2024, attorneys for Idaho death row prisoner Thomas Creech asked the Idaho Commission of Pardons and Parole for a second clemency hearing ahead of his second execution date, now set for November 13, 2024. The family of one of Mr. Creech’s victims filed an amicus brief in support of an emergency motion for a stay of execution and supports an additional clemency hearing. Douglas Walker, the brother of Daniel Walker, filed this brief “as more facts have come out since [Mr.] Creech’s January 2024 clemency hearing.” According to the brief, “Douglas Walker now questions whether Ada County may have falsely portrayed the thoroughness of the reinvestigation into Daniel’s murder and the conclusiveness of the evidence pointing to [Mr.] Creech’s guilt.” The brief also notes that if Mr. Creech is executed on November 13, Mr. Walker’s family will not find the closure they have sought for more than 50 years.

“Independently and extraordinarily, the family and friends of Mr. Walker are also requesting a clemency hearing to allow them to resolve lingering questions and doubts they have about whether Mr. Creech really is responsible for Daniel’s murder,” wrote an attorney for Mr. Creech. Daniel Walker’s brother, Doug Walker, has written a book about his brother’s unsolved murder and previously told the Idaho Statesman, that he believes Mr. Creech killed his brother. However, Doug Walker says he is interested in pursuing justice to determine who was responsible for his brother’s death. Doug Walker wrote that “it’s not a case of questioning Thomas Creech’s guilt in Dan’s case… Guilt or innocence is determined in a court of law. In a way, Dan has never had his day in court. We are asking for more time to do further investigation in the interest of justice and on behalf of my brother Dan.” On October 29, 2024, the Idaho Commission of Pardons and Parole met to consider whether to grant Mr. Creech a new clemency hearing based on his most recent petition. The commission voted 5-1, ultimately denying a new hearing for Mr. Creech.

In his earlier clemency hearing, Mr. Walker’s case played a role in assisting prosecutors in preventing a grant of clemency for Mr. Creech. In a court filing, Mr. Creech’s attorneys argued that claims from the Ada County Prosecutor’s Office linking their client to a 50-year-old cold case—the murder of Daniel Walker in Southern California—constituted “false evidence.” During this hearing, the prosecutors provided no specific evidence of Mr. Creech’s involvement in Daniel Walker’s death, and Mr. Creech denied any knowledge of the crime. Mr. Walker’s brother submitted a signed letter asserting concerns that his family was “manipulated into participating” in the clemency hearing by providing a victim’s impact statement.

With one member recusing himself, the parole board voted 3-3 on Mr. Creech’s request for clemency, which meant Governor Brad Little could not grant clemency without the approval of the clemency board. The day after the parole board’s denial of clemency, a judge signed an execution warrant for Mr. Creech, which was to be carried out on February 28, 2024. Ultimately, the Idaho Department of Corrections’ execution team was unable to find a vein suitable for the establishment of an IV line for the lethal drug and called off the execution after almost an hour of attempts to set a line.

Mr. Creech, now 74, has been incarcerated in Idaho for nearly 50 years after being convicted of five murders. He is under a sentence of death for the beating death of fellow prisoner David Jensen in May 1981.