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Judge rules that Oregon death row inmate has right to reject clemency
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August 15, 2012
SALEM, Oregon: Circuit Court Senior Judge Timothy Alexander has ruled an Oregon death row inmate, Gary Haugen, can reject the offer of clemency issued by Governor John Kitzhaber. Judge Alexander issued the ruling on August 3rd, ruling that Haugen is not required to accept the offered clemency. Kitzhaber’s office says an appeal is likely.[1]
Harrison Latto, the attorney for Haugen, argued in front of Alexander that the reprieve is invalid because it does not have an expiration date. Unlike the previous blanket commutations issued by other states' governors in the past, Kitzhaber has only stalled the executions of death row inmates for the duration of Kitzhaber’s time in office. It would be up to his successor whether to allow the executions to take place.[1]
“It could be a day, could be seven years,” Latto said of the offered clemency. “During that indefinite period of time, they’re saying, ‘sit tight and we’ll tell you at the end that period whether you’ll be executed or not.”[2]
Latto also cited three early decisions made by the Oregon Supreme Court in 1907, 1918 and 1926[2] that referred to clemency as “an act of grace or favor” that could be rejected by the inmate if so desired.[1]
Tim Sylwester, the attorney representing Governor Kitzhaber, argued that Latto’s evaluation was incorrect, as clemency can only be rejected if it comes with strings attached. He cited the example of a man who was offered in clemency if he agreed to admit guilt. He refused. However, according to Sylwester, no such conditions have been made in Haugen’s case.[2]
Judge Alexander ruled for Haugen, saying that while he was in agreement with Kitzhaber regarding the death penalty, he was bound by the merits of the case and the applicable law. He found that precedents from the state's higher courts supported Haugen’s right to reject the clemency offer. However, he said that Latto’s argument that the offer was invalid because of a lack of expiration date was not correct, and that offers of clemency are not required to come with a set expiration date.[1]
Haugen was sentenced to a life sentence in 1981[1] for the fatal bludgeoning of his former girlfriend’s mother.[2] He was sentenced to death after killing a fellow inmate five years ago. Last year, he fought to speed up his execution, voluntarily waiving the legal appeals that could potentially postpone his execution for years. According to Judge Alexander’s ruling, a hearing to set the date for Haugen’s execution will be scheduled as soon as the ruling is finalized.[1]
Oregon has a complicated history with the death penalty. It has voted to abolish it twice, and establish it as many times. The most recent vote took place in 1984, where voters legalized the death penalty, with 56% of voters in favor. Since then, two inmates have been executed, both during Kitzhaber’s first stint as Governor of Oregon from 1995 to 2003.[1] Kitzhaber says the executions have haunted him[2], and hopes the Haugen case will restart the public debate on the death penalty in Oregon.[1]
Footnotes
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