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Updated: 6:57 AM Mar 13, 2010
McDonnell Declines to Stop Execution
RICHMOND (AP) Gov. Bob McDonnell has declined to stop next week's execution of a man who killed his teen friend in 1999 then bragged about it to prosecutors once he thought he couldn't face the death penalty.
Posted: 4:07 PM Mar 12, 2010Reporter: DENA POTTER - Associated Press Writer |
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Gov. Bob McDonnell has declined to stop next week's execution of a man who killed his teen friend in 1999 then bragged about it to prosecutors once he thought he couldn't face the death penalty.
McDonnell said Friday he reviewed Paul Warner Powell's case and found no reason to delay Thursday's execution.
The 31-year-old Powell was convicted of killing Stacie Reed of Manassas in 2000 and sentenced to death, but the Virginia Supreme Court overturned that verdict. Powell then wrote a taunting letter to prosecutors detailing the crime. He was convicted again in 2003.
Powell has chosen to die by electrocution.
The execution is set for 9 p.m. Thursday at Greensville Correction Center in Jarratt.
McDonnell issued the following statement on this Friday:
“On January 15, 2003, Paul Warner Powell was convicted in Prince William County Circuit Court of the brutal capital murder and attempted rape of sixteen year old Stacie Lynn Reed. Powell was previously convicted of the rape and attempted murder of Stacie’s fourteen year-old sister.
"On May 8, 2003, the trial court, in accordance with the jury’s verdict and recommendation, sentenced Powell to death. Powell admitted to the murder and attempted rape, and thus Powell’s guilt is not at issue. On January 27, 2010, the Circuit Court set the execution date for March 18, 2010.
"On February 23, 2010, Powell filed a petition for clemency requesting that I commute the sentence of death to a sentence of life without the possibility of parole.
"Powell’s trial, verdict and sentence have been reviewed and affirmed by state and federal courts, including the Supreme Court of Virginia, the United States District Court for the Eastern District of Virginia, the United States Court of Appeals for the Fourth Circuit, and the United States Supreme Court. I have considered the petitioner’s principal arguments concerning gubernatorial conflict and prejudicial errors in the admission of evidence, and found them not to warrant commutation.
"After conferring with the appropriate parties, as well as thoroughly reviewing the clemency petition and the judicial opinions regarding this case, I find no compelling reason to set aside the sentence that was selected by the jury and imposed and affirmed by the courts.
"Accordingly, I decline to intervene.”
McDonnell also issued a statement today regarding his policy for the consideration of capital murder clemency requests during his Administration:
“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 advisers, 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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