Amnesty
International Supports Decision, Amnesty
International Supports Decision,
Questions Life Sentence with No Parole
April 10, 2001---Oklahoma City, OK
On behalf of the Oklahoma City chapter of Amnesty International, I extend my appreciation to Governor Keating for his decision yesterday to grant clemency to death row inmate Phillip Smith. Given the details of this case, including those mentioned by the governor, granting clemency is responsible and appropriate.
Smith's sentence of death was commuted by the governor to one of life without parole (LWOP). I applaud the governor for removing Smith from death row on the grounds that his conviction and sentence came largely as a result of testimony from two witnesses with serious credibility problems.
There were no eyewitnesses to this tragic murder, and evidence against Smith was purely circumstantial. We can be glad that in this case at least, the state of Oklahoma will not put to death a man who could be innocent.
At the same time, it is troubling that the death sentence was commuted to life without the possibility of parole. By definition, LWOP precludes Smith from any future hearing before the Pardon and Parole Board. While it is a relief to know that he will not be executed, it is simultaneously disturbing to know that a man whose guilt has been called into serious question has lost the guarantee of any future review.
With serious enough doubts about Smith's guilt to warrant removing him from death row, the option of parole should be kept open for future consideration.
That said, Amnesty International supports the governor's decision to grant clemency.
--Kevin Acers, president Amnesty International, Oklahoma City chapter
NOTE: The last time an Oklahoma governor granted clemency to a death row inmate was Gov. Henry Belmon in 1966.
[previous statement issued on March 3, 2001:]
Amnesty International
Supports Clemency for Phillip Smith
On Friday, March 2, 2001, Governor Keating ordered a 30-day delay of death row inmate Phillip Smith's execution, which was scheduled for Thursday, March 8. The governor's action came after the Oklahoma Pardon and Parole Board recommended that Smith receive clemency. This is the first time in 35 years the Board made such a recommendation for a person sentenced to death. Amnesty International su pports the governor's decision and requests a thorough investigation into Mr. Smith's case.
Troubling aspects of his case raise serious doubts as to Smith's guilt of the crime for which he was sentenced to death. By voting for clemency, the Pardon and Parole Board did the right thing. Phillip Smith may be innocent.
Now it is in the hands of the governor. Appropriately, he has delayed the execution so he can seek further guidance and make what we hope will be a just decision.
Amnesty International, Oklahoma City chapter, commends the Pardon and Parole Board for its historic clemency vote. We commend Governor Keating for suspending the March 8 execution date as he assumes his constitutional responsibilities in the matter of clemency.
There certainly is enough doubt about Phillip Smith's guilt to warrant a commutation of his death sentence. This would allow for the possibility of future investigation into his case. If Smith is never fully exonerated, if clear evidence of his innocence is never found, we can at least know that our state did not put to death a man whose guilt is uncertain.
Oklahomans do not want any innocent person executed. We call on all people of conscience in our state to support the Pardon and Parole Board, as well as Governor Keating and his staff, in serving justice by removing Phillip Smith from death row.
--Kevin Acers, president, Amnesty International [Oklahoma City chapter]