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Inmate Seeks Clemency Power Shift From Governor To Parole Board

The Broad River Correctional Institution, where Freddie Eugene Owens died by lethal injection in this state prison complex in Columbia, S.C., is shown on Friday, Sept. 20, 2024. (AP Photo/Allen G. Bre

A South Carolina inmate facing execution is seeking to have the power of granting clemency taken away from the governor and placed with a parole board. The inmate's lawyers argue that the governor, a former state attorney general, may not be able to fairly consider the request due to his past involvement in upholding the inmate's death sentence.

The inmate, Richard Moore, is scheduled to be executed for the 1999 shooting of a store clerk during a robbery. Moore's attorneys are urging a federal judge to halt the execution until the issue of clemency is resolved.

The governor, Henry McMaster, has not made a decision on clemency but has indicated his intention to retain the power to grant it. McMaster's attorneys assert that the governor's past work as a prosecutor does not disqualify him from deciding on clemency.

Moore's lawyers highlight his positive behavior during his time in prison, citing his role as a mentor to other inmates. They argue that Moore's exemplary record makes him a strong candidate for a commuted sentence.

Inmate's lawyers argue for clemency decision by parole board.
Richard Moore seeks clemency from governor due to potential bias.
Govenor McMaster retains power to grant clemency, intends to decide based on merits.
Moore's positive behavior in prison cited as reason for commuted sentence.

South Carolina law gives Moore until October 18 to decide on his fate, with electrocution being the default if no decision is made. The state has recently resumed executions after a 13-year hiatus due to drug availability issues for lethal injections.

No South Carolina governor has granted clemency in recent history. McMaster has stated that he will make his decision on Moore's case based on its merits and after a thorough review.

The hearing on Moore's request is set to take place in federal court, where the issue of clemency will be further deliberated. The decision on whether to spare Moore's life rests solely with the governor, who will follow the state's tradition of announcing clemency decisions shortly before scheduled executions.

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