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By Dena Potter
RICHMOND
Citing a potential conflict of interest, attorneys for a condemned man have asked Gov. Bob McDonnell to let someone else decide whether next week's scheduled execution should take place.
In their request for clemency filed last month but made public Thursday, attorneys for Paul Warner Powell say McDonnell's court pleadings as attorney general hindered their case. They ask that at least the initial clemency decision go to "an individual or entity that does not have a conflict."
McDonnell disputed the claim Thursday and said he expects to announce his decision on whether to grant clemency on Friday.
The decision to grant clemency is discretionary and rests exclusively with the governor. McDonnell said he would make his decision based on arguments presented by Powell's attorneys.
"I know that regardless of what happened in the Attorney General's Office that I can make a fair and impartial decision based on what's been presented in the petition," McDonnell said in an interview.
McDonnell, who resigned as attorney general last year to run for governor, said he also would announce a change in the clemency process Friday to give a more timely answer to condemned inmates. Governors traditionally have waited until the day of an execution to announce their decisions.
"We're going to change the process ... to try to make it a little more fair and just and give a little more notice on decisions," McDonnell said. He would not provide further details.
Powell, 31, is scheduled to die March 18 in Virginia's electric chair for attempting to rape his teenage friend Stacie Reed and then stabbing her to death when she fought off his advances.
In the clemency request, Powell's attorneys say the conflict is not just that McDonnell defended Powell's conviction in state and federal appeals but that his pleadings in the case likely were the reason the courts have not reviewed the issues underpinning Powell's clemency request.
The petition focuses on a mistake on a copy of Powell's criminal record that was given to jurors at his sentencing. The error made it appear that Powell had been convicted of other capital crimes.
Powell's attorneys say the Virginia courts never addressed the error largely because the Attorney General's Office "prevented such a review by its blatantly inaccurate description of the false evidence." McDonnell's office also argued that the error was defaulted because Powell's trial lawyers failed to object, and the Virginia Supreme Court agreed.
"The unique and compelling circumstances of this case call for executive action," the clemency petition says. "Inaction would betray the pledge to maintain the complete integrity of the capital punishment system in Virginia."
They ask that McDonnell commute Powell's sentence to life in prison.
Virginia ranks second only to Texas in the number of executions since the U.S. Supreme Court reinstated the death penalty in 1976.
Powell's execution would be the first under McDonnell, who took office seven weeks ago.
"I'll make a fair decision," McDonnell said.
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Ralph's question
50% of criminal records have errors. Those may interfere with persons never convicted, like most of us presumably, getting jobs, mortgages, or other normal contracts or benefits, without our ever being told that a denial is based on sloppy government records we'd likely presume don't exist.
In this case of a convicted violent felon, past convictions were potential aggravating factors, in balance with mitigating factors, in the jury deciding a sentence within general legal guidelines. The jury handed down a sentence unjustified based on legally specified facts, because the state either lied or made errors. McDonnell then lied or fraudulently distorted the nature of those false records presented to the jury, and conspired to violate the defendant's right to a different sentence. McDonnell deserves to be disbarred and incarcerated for his actions, and has a serious conflict of interest now.
Oh, boo hoo
I'm so tired of Powell's attorneys crying foul in this case. The man killed a young girl after trying to rape her, and brutally raped and attempted to kill her little sister. He sat around the house, drank some lemonaid and smoked a cigarette while they were in the next rooms bleeding to death. Then he had the nerve to write prosecuters, bragging about the rapes, and taunting them for not convicting him of first degree murder the first time. Powell, by definition, is the perfect candidate for the death penalty.
Under the defenses
Under the defenses reasoning, he is biased because he worked as the prosecuting attorney. So since when does working on behalf of the state and possessing knowledge of the crime become a conflict? Isn't this far better than tossing it to a governor who has a few days to review it?
Virginia Pilot: Please explain further the issue with the mistake concerning his prior(or lack of) conviction please.
Roll on one....roll on two
Roll on one....roll on two
Clemency
"Powell, 31, is scheduled to die March 18 in Virginia's electric chair for attempting to rape his teenage friend Stacie Reed and then stabbing her to death when she fought off his advances." This illegitimate child asks for clemency from someone other than the governor? Go Governor, tell him to jump into the bed....an injection will ensure this never happens again.
it's the guv's function
Let him decide.
As far as I know
As far as I know the Governor has no power to delegate that authority.
Substantive justice
While it's easy to see social benefit in the felon in this case being toast, our foundations of justice are undermined if a conviction or sentence based on negligence by a public defender and fraud by arrogant con artist prosecutors is allowed to stand. McDonnell has shown contempt for and campaigned against civil rights, and does not deserve to hold any public office.
The problem of "testilying" by cops and withholding of (mandated disclosure) exculpatory evidence by prosecutors is prolific, often with judges knowingly accepting or supporting those felonies by state officials to "make numbers" of convictions. Since all such state crimes are perpetrated using threat of lethal force, those responsible deserve capital felony penalties, not badges and guns, black robes, or taxpayer funded salaries.
Serious Business
This is serious business because the death penalty is involved, however, there are many cases in many states where an Attorney General is elected Governor. It is particularly the case that many popular Attorney Generals are elected Governor because they did support the death penalty. If the people of Virginia did not trust the Governor to make this decision, then they would not have elected him Goveror. It is only that one person has the power of clemency. If the Governor cannot grant clemancy, then it is possible that no one could. Bob McDonnell is Govenor and he is the only one who can grant clemency here.
The best way to avoid this situation is to not commit murder. No one should feel sorry here. If this guy had not comitted murder, then he would not need to worry about this conflict of interest issue. To me, the only issue is whether he did it. He did it, so let him fry.
Fairness
Where was the fairness for Stacie Reed? She deserved much more than this convicted murderer gave her. The Governor should have no sympathy for him. Sympthy is not problem solving and this creep is a real problem. Just get it over with without delay! Kill him now!