November 29, 2005

Warner Decides On Lovitt

VA Gov. Mark Warner (D) will commute the death sentence of convicted killer Robin Lovitt. Warner cited evidence that was destroyed in the case as grounds for staying the execution.

Warner also made clear in his statement, posted below, that this was no pardon. Warner: "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."

As detailed in a Page One Post story over the Thanksgiving holiday, Lovitt was found guilty of robbery and capital murder 6 years ago in Arlington. Lovitt, though, has maintained his innocence and his attorneys (most notably Ken Starr) have pointed to an Arlington Co. court clerk's throwing away of evidence from the case as grounds for commuting Lovitt's death sentence.

Also worth noting is that ex-AG/'01 GOV nominee Mark Earley (R) recently sent Warner a letter asking him to stay the execution. Beyond the irony of an conservative GOPer asking a Dem gov to commute a death sentence (and in a state where the issue played such a major role in this year's GOV race), Earley's intervention is important because it provides Warner with a measure of political cover should the issue be brought up, say, 3 years from now.

With Earley weighing in from beyond the political grave, Starr leading the defense team and Lovitt still facing life in a VA penitentiary (read: no Willie Horton), the political consequences of his decision are less grave than many pundits have suggested. And, of course, there's nothing to suggest that Warner even considered politics when weighing clemency.

Governor Mark R. Warner today issued the following statement regarding the request for clemency in the case of Robin McKennel Lovitt:

"Mr. Lovitt was convicted by a jury in 1999 of robbery and the capital murder of Clayton Dicks. The death sentence imposed on Mr. Lovitt has been reviewed and affirmed by several courts, including the Supreme Court of Virginia, the Fourth Circuit U.S. Court of Appeals, and the United States Supreme Court. In reviewing this clemency request, I found no fault with the judgment of the jury, or with prosecutors and defense counsel, and I am acutely aware of the tragic loss experienced by the Dicks family."

"I believe clemency should only be exercised in the most extraordinary circumstances. Among these are circumstances in which the normal and honored processes of our judicial system do not provide adequate relief -- circumstances that, in fact, require executive intervention to reaffirm public confidence in our justice system."

"The Commonwealth 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. I believe the courts have correctly ruled that the law requiring the maintenance of such evidence does not provide relief for a defendant in Mr. Lovitt's circumstances. However, in this case, the actions of an agent of the Commonwealth, in a manner contrary to the express direction of the law, comes at the expense of a defendant facing society's most severe and final sanction. The Commonwealth must ensure that every time this ultimate sanction is carried out, it is done fairly."

"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."

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Posted at 05:12 PM

Comments

Perhaps Governor Schwarzenegger can you this as political cover and commute Tookie Williams sentance to life.

CSears | 11.29.05 08:57 PM

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