A federal judge in South Carolina is considering a request from an inmate, Richard Moore, who is scheduled to be executed on November 1, to transfer the power of granting him clemency from the governor to a parole board or another impartial entity. Moore's lawyers argue that Governor Henry McMaster, who previously served as state attorney general, may not be able to fairly decide on Moore's clemency petition due to potential biases. However, Judge Mary Geiger Lewis expressed reluctance to strip the governor of his constitutional right to decide on clemency and believes McMaster will carefully consider Moore's petition.
Moore, 59, is facing the death penalty for the 1999 shooting of store clerk James Mahoney during a robbery in Spartanburg County. State law requires Moore to choose between lethal injection, a firing squad, or the electric chair by Friday. If executed, Moore would be the second person put to death in South Carolina after a 13-year hiatus due to drug procurement issues.
No South Carolina governor has granted clemency in the modern era of the death penalty. McMaster stated that he evaluates each case thoroughly before making a decision. The judge asked McMaster's legal team if the governor would provide a sworn statement ensuring a fair consideration of Moore's clemency petition, to which they indicated willingness if required.
Moore's lawyers have highlighted his positive behavior during his incarceration, citing his role as a mentor to other inmates and his exemplary prison record. They argue that Moore has shown remorse for his actions over the past two decades by being a supportive family member and friend.
The judge is expected to issue a written order following a hearing on the matter, emphasizing the significance of the case to all parties involved. McMaster stated that he will announce his decision on Moore's clemency petition shortly before the scheduled execution, following the exhaustion of all appeals.
