Governor Warner today brought to an end widespread speculation, and granted clemency to convicted murderer Robin Lovitt.
The Washington Post has the story.
Robin Lovitt's death sentence was commuted to life in prison.Lovitt's lawyers, who include former independent counsel Kenneth Star, and anti-death penalty advocates had argued that his life should be spared because a court clerk illegally destroyed the bloody scissors and other evidence, preventing DNA testing that they said could exonerate him.
On the merits of the case, Warner did the right thing.
[UPDATE: Here's Mark Warner's statement granting clemency.
COMMONWEALTH OF VIRGINIA
Office of the GovernorMark R. Warner FOR IMMEDIATE RELEASE
Governor November 29, 2005Contact: Kevin Hall
Phone: (804) 225-4260
Cell Phone: (804) 393-9406
Internet: www.governor.virginia.govSTATEMENT OF GOVERNOR WARNER
ON THE CLEMENCY PETITION OF ROBIN LOVITTRICHMOND - 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."]