Statement of Governor Bob McDonnell on Clemency Petition Process during Administration

FROM THE OFFICE OF THE GOVERNOR

March 12, 2010

Office of the Governor
Contact: Stacey Johnson
Phone: (804) 225-4260
E-mail: Stacey.Johnson@Governor.Virginia.Gov

RICHMOND- Governor Bob McDonnell issued the following statement today regarding his policy for the consideration of capital murder clemency requests during his Administration. McDonnell's statement follows his first action on a capital murder case. The Governor declined to grant the petition for clemency filed by Paul Warner Powell. Powell was convicted in 2003 of the brutal murder of 16-year old Stacie Reed. With the Governor's rejection of the clemency petition, Powell will be executed the evening of March 18th, unless a court intervenes.

"As Governor, Article V, Section 12 of the Constitution of Virginia vests in me the solemn duty to rule on clemency petitions in capital cases, to include reprieves, pardons and commutations. This Constitutional obligation carries with it great responsibility. Virginia governors have consistently exercised this duty with diligent evaluation of the law and facts, and thoughtful judgment. I will do the same. Each clemency petition that comes to my desk will be thoroughly considered by my staff and me in keeping with the gravity of the decision that must be made.

Before reaching each decision, I will conduct a full review of the petitioner's court records, and consult with the appropriate parties, including the Attorney General's Office and the petitioner's counsel. However, as there are important new legal remedies now in place in the Commonwealth to ensure that prisoners can file a writ of actual innocence in state court if they have new evidence to present, it is not my role to commence a new legal proceeding. Clemency petitions are to be granted only in those rare cases in which the ends of justice require such an extraordinary remedy, such as undoing a wrongful conviction where there is no legal recourse, or otherwise correcting injustices that the regular criminal process is unable to consider.

A decision regarding clemency brings some finality to a lengthy process, even as some court actions may remain pending. After suffering the tragic loss of a loved one, the families and friends of the victims should not be required to wait with uncertainty until the day the execution is scheduled to take place to know if it will occur. For families to travel to the Greensville prison facility only to learn of a stay or commutation is not just. Similarly, the petitioner should know the decision regarding clemency well before the day of the execution, so if the decision is not favorable he may focus on final visits with family, religious advisors, and others, rather than on legal and clemency proceedings. To ensure this occurs in each case, absent extraordinary circumstances, I will decide upon each clemency petition and notify the appropriate parties no later than five days prior to the scheduled date of the execution."

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