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South Carolina Inmate Seeks Clemency Power Shift Ahead of Execution
COLUMBIA, S.C. (AP) — An inmate in South Carolina, facing execution in a few weeks, is petitioning a federal judge to transfer the authority of granting clemency from Governor Henry McMaster—a former state attorney general—to a state parole board.
As it currently stands, the South Carolina constitution designates the governor with the exclusive power to commute death sentences. McMaster’s legal representatives have stated that he intends to uphold this authority.
Richard Moore’s attorneys contend that Governor McMaster cannot impartially consider a clemency request due to his history as the lead prosecutor from 2003 to 2011, during which he oversaw efforts to maintain the validity of Moore’s death penalty conviction.
“For Moore to receive clemency, McMaster would have to renounce years of his own work and that of his former colleagues in the Office of the Attorney General,” the defense argued, requesting a federal judge to delay the scheduled execution while this legal contention is explored.
The governor, noted for his stringent law enforcement policies, has expressed opposition to parole and, as indicated by court filings, stated in 2022 that he had no intention of commuting Moore’s sentence in light of the impending execution date.
Legal representatives for McMaster maintain that he has not yet made a determination regarding clemency for Moore, emphasizing that precedent supports the notion that attorneys general transitioning to governors retain their authority concerning death sentence decisions.
Currently, nine states, including South Carolina, are helmed by former attorneys general. Among the notable cases referenced is that of former President Bill Clinton, who made clemency decisions as Arkansas’ governor.
“Moore’s claims are predicated on the assumption that the Governor will not commute his death sentence. Ultimately, the decision rests solely with the Governor,” the defense team for McMaster stated.
A hearing on Moore’s appeal is scheduled for Tuesday in Columbia’s federal court.
Moore, aged 59, is sentenced to death for his involvement in the fatal shooting of store clerk James Mahoney in September 1999. During an attempted robbery at a Spartanburg County retail establishment, a confrontation ensued when Moore, initially unarmed, managed to seize one of Mahoney’s firearms, resulting in a shootout that left Mahoney fatally wounded and Moore injured.
After the incident, Moore failed to alert authorities and instead left behind bloodstains on Mahoney while robbing the cash register.
Under South Carolina law, Moore must decide by October 18 whether he will accept the death sentence, or by default, face execution by electrocution. This would represent the second execution in South Carolina since a 13-year moratorium due to difficulties in procuring the necessary drugs for lethal injections.
Historically, no governor in South Carolina has ever granted clemency in the modern context of capital punishment. McMaster has indicated that he evaluates each case on an individual basis after thorough scrutiny.
Moore’s legal team argues that he is a suitable candidate for a life sentence, highlighting his role as a mentor to fellow inmates. They assert, “Over the past 20 years, Moore has worked to make up for his tragic mistakes by being a loving and supportive father, grandfather, and friend. He has an exemplary prison record.”
McMaster has also mentioned that, following established practice in South Carolina, clemency announcements will occur just before the execution is set to begin, reflecting the review for any last-minute appeals or grounds for reprieve.
Furthermore, his legal counsel indicated that the conditions under which he would consider clemency for Moore differ significantly from those of his previous decisions to support the conviction during legal appeals.
“Clemency is an act of grace,” the governor’s lawyers emphasized. “Grace is granted to someone who does not necessarily deserve a reprieve, meaning that granting clemency does not obligate the decision-maker to renounce prior actions.”
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