The Arizona Board of Govt Clemency signifies one particular of the final possibilities for people today condemned to die to preserve on their own from the dying penalty.
But a legal obstacle from a guy on dying row claims the board is loaded with regulation enforcement and for that reason inherently prejudiced versus him.
Immediately after a defendant has fatigued their appeals approach, and an execution date has been established, the clemency method commences.
Defendants have a hearing prior to the board the place they can make their situation for mercy.
The board then votes to make a recommendation to the governor as to irrespective of whether to grant some sort of reduction in the form of a “Commutation of Sentence and/or a Reprieve.” The governor can settle for or deny the board’s recommendation.
Clarence Dixon, sentenced to demise for the 1978 murder of Deana Bowdoin, is scheduled to go right before the board on April 28. His execution is scheduled for Might 11.
In a Petition for Unique Action filed in Maricopa County Outstanding Courtroom, Dixon’s legal staff promises the Board of Executive Clemency is “illegally constituted.”
“Mr. Dixon is entitled to a reasonable clemency hearing before an impartial Clemency Board,” Dixon’s legal professional Joshua Spears mentioned in a statement. “To be certain a honest listening to, Arizona legislation limits the Board to no more than two customers from the exact expert self-control.
“If the Board proceeds with three of its four users currently being regulation enforcement officers, it will violate Mr. Dixon’s correct to a honest hearing that complies with owing course of action and the basic demands of Arizona regulation,” Spears stated.
The 5-member board currently has 1 emptiness. Of the remaining 4 members, the lawsuit states that three users — Salvatore Freni, Louis Quinonez and Michael Johnson — are retired regulation enforcement officers, with a mixed total of 85 a long time of support in regulation enforcement.
“The only member who has not served directly as a law enforcement officer, Board
Chair Mina Mendez, served as an Assistant Attorney Basic in the Arizona Legal professional General’s Place of work for 6 yrs,” the petition notes.
The lawsuit alleges the recent board composition violates condition regulation, and requests the court “declare the choice, nomination, appointment, and affirmation of Salvatore Freni, Louis Quinonez, and Michael Johnson null and void and get Respondents to constitute a Board of Government Clemency which complies with state legislation and condition and federal due method.”
Dixon’s attorneys requested to postpone his clemency hearing right until the circumstance is settled, which would necessitate suspending his execution.
A spokesperson for the Board of Executive Clemency reported they do not comment on pending litigation.
Have a information idea on Arizona prisons? Attain the reporter at [email protected] or at 812-243-5582. Follow him on Twitter @JimmyJenkins.
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