A specious argument by Warner?
A convict on death row condemned to die in one day's time was granted a last-minute request for clemency by Virginia Governor Mark Warner.
Robin Lovitt, a convicted murder, had been expected to become the 1,000 person put to death under the southern state's capital punishment laws in the prison of Jarratt, Virginia.
However, Warner issued his eleventh-hour reprieve Tuesday deciding that Lovitt should instead spend the rest of his life in jail with no eligibility for parole.
"The Commonwealth (of Virginia) is legally obligated to maintain physical evidence until a defendant has exhausted every legal post-trial remedy in the case.
"However, evidence in Mr Lovitt's trial was destroyed by a court employee before that process could be completed," the governor said, in a statement explaining his clemency decision.
"After a thorough review, it is my decision that Robin Lovitt should spend the rest of his life in prison with no eligibility for parole," Warner said.
What? Regardless of how one feels about the death penalty, how can this make sense?
If Virginia’s failure to maintain physical evidence until Lovitt’s appeals were exhausted casts reasonable doubt on his guilt, in Warner’s opinion, then Lovitt was wrongly convicted. Why is he being left to rot in prison? Warner should have pardoned him and set him free. Indeed, as some who argue against the death penalty claim, “life in prison is a worse punishment,” Warner has traded one injustice for a greater one.
If, on the other hand, Virginia’s failure to maintain physical evidence does not cast reasonable doubt on Lovitt guilt in Warner’s opinion, the destruction of evidence has no material bearing on the justice of his conviction. Warner should have let the findings of the jury and the appeals judges stand.
Either way, Warner’s stated rationale feels like a red herring.
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