Mississippi: Gov. Still on Defense

The Sun Herald reports Gov. Haley Barbour is promising to "do a better job of responding to public comment if he pardons or suspends the sentence of an inmate." The promise comes after Barbour appeared to grant clemency in one case, but not in another. It is reported that "one of the criticisms" out there involves the Governor's "lack of response to the calls, e-mails and letters from people on the Coast asking him to reconsider." Barbour admits there was not a "very good system for responding to the public comment" but promises to "get to the bottom of that and get that straightened out."

Meanwhile Barbour has explained that he has not commuted the life sentence of Michael David Graham, but has merely "suspended" it. In contrast, he granted four pardons around the same time that he suspended the sentence. As such, what the Governor did was the equivalent of granting parole. Indeed, Graham will report regularly to a parole officer. See story here.

Mississippi: Governor Plays Defense

The Greenwood Commowealth reports Daryl Neely, a "policy adviser" to Gov. Haley Barbour, has "defended" the governor's decision last week to give a reprieve to convicted killer Michael David Graham while not granting clemency to death row inmate Dale Leo Bishop. Neely says the Governor "developed a personal knowledge" of Graham's case and argued the two cases were "not apples to apples - not even apples to oranges." See story here.

Mississippi: Denied

The Associated Press reports: "Gov. Haley Barbour has denied clemency to condemned inmate Dale Leo Bishop, leaving his life in the hands of the U.S. Supreme Court. Barbour's policy adviser Daryl Neely told reporters of Barbour's decision during a briefing to reporters at the state prison at Parchman as officials continued preparations for Bishop's 6 p.m. execution. The Supreme Court has not yet taken up three pending appeals filed by Bishop's attorneys. Bishop's attorneys say his life should be spared because he did not swing the hammer that killed Marcus James Gentry in 1998. Bishop also claims his bipolar disorder prevented him from making a sound decision when he asked for the death penalty in 2000."

MIssissippi: Support for Clemency

The Clarion Ledger, which describes itself as "a longtime supporter of the enforcement of the death penalty in Mississippi" notes that the State is "preparing to extract the ultimate penalty from [Dale Leo] Bishop when it appears clear that Bishop did not commit the ultimate crime." The paper says "undisputed trial testimony" indicated Bishop "was not the man swinging the hammer that delivered the fatal blows to victim's head" and observes that, "had Bishop been convicted in the neighboring states of Alabama or Louisiana, he would not be facing execution." The Ledger adds that Bishop "suffers from mental illness" and that there are "allegations" that his post-conviction counsel representation "suppressed evidence" of that illness. See story here

Mississippi: Request

Dale Leo Bishop, who is scheduled for execution Wednesday, had a clemency petition hand-delivered to Gov. Haley Barbour. It asks that the death sentence be commuted to life in prison without possibility of parole. A secondary request was made for the execution to be delayed so that Bishop could give his petition to the State Parole Board for its consideration. See story here.

MIssissippi: Pardon Revisited

The Mississippi Press reports there is much "community anger" as a result of Governor Haley Barbour's commutation of the life sentence of Michael David Graham, who was convicted of murder. Graham has served 19 years of his original sentence. But a spokesman for Barbour is declining comment saying, "We've released all of the information we are going to." A policeman who was once of the first to arrive at the scene of the shot-gun murder says, "It's a mistake to let him out of jail ... I wish we could have charged him with capital murder. I think he'd stalked her that day with the purpose of executing her -- that's exactly what he did -- execute her." See full story here.

MIssissippi: Commutation of Sentence!

Gov. Haley Barbour has commuted the life-sentence of Michael David Graham, who convicted of murdering his ex-wife in 1989. has had his sentence commuted by and will be released from prison Saturday. A spokesman for the Governor says:

Historically, governors have reviewed cases like that of Michael Graham, whose conduct as a prisoner earned him the right to work as a trusty at the governor's mansion -- where he has performed well and proven to be a diligent workman. The governor is giving him a chance, through an indefinite suspension of his sentence, to start a new life away from Pascagoula and Jackson County, pending his future good behavior. He will continue to be under the supervision of the Mississippi Department of Corrections throughout the period of this suspension of sentence as though he was on parole.

Graham had three failed attempts at parole and a sheriff says, "He killed her in cold blood," Byrd said. He has no business being out of jail." See story here.

Mississippi: Words. Words. Words.

Jimmy Simmons (Chickasaw County Sheriff): "He knew exactly what he was doing. Anybody who seen that lady up there with a shoeprint still in the side of her face ... I can still see it like it was yesterday."

Chris Epps (Department of Corrections Commissioner): "I used to be his case manager. So, I've been knowing him for a while. He's pretty serious now. He's not grinning like he was in October."

Earl Wesley Berry (the executed): "No comment."

Gov. Haley Barbour: "Justice has finally been rendered for this horrible crime."

Jena Watson (daughter of the victim): "I know a lot of people want to know what was going through my mind. As I watched that process, I kept thinking how much more humane capital punishment is than what my mother suffered. He was just lying there, and then he went to sleep."

Tom O'Flaherty (former defense attorney): "People are represented by lawyers, and they make mistakes. Judges and juries make mistakes. None of us can know for sure if a person deserves that penalty."

See story here.

Mississippi: Down to the Wire

Amnesty International said in a statement today that there is "significant evidence" that Earl Wesley Berry "may have mental retardation." For that reason the organization is calling on Gov. Haley Barbour (R) to grant clemency and halt Berry's execution later today. Barbour indicated on Monday, however, that he will not do so. At the time of this posting, Berry is spending his final hours in a holding cell. His only hope appears to be intervention by the United States Supreme Court or, more particularly, Justice Antonio Scalia.

Mississippi: Another Request

The Mississippi Supreme Court has set May 21 as the execution date for Earl Wesley Berry, who was convicted of kidnapping Mary Bounds from the parking lot of a church in 1987, beating her to death and dumping her body in the woods. Berry's October 2007 execution was halted by the United States Supreme Court just 19 minutes in advance. Attorneys say he is mentally retarded and request more time to appeal and ask Gov. Haley Barbour (R) for clemency. Berry's attorneys would also like a review of the State's lethal-injection procedures. Gov. Barbour, however, has apparently suggested that he will not change his mind regarding the case, having rejected a similar request on Berry's behalf last fall. See article here.

Mississippi: Request

Gov. Haley Barbour (R) rejected Earl Wesley Berry’s request for a reprieve last fall. Now Mississippi Attorney General Jim Hood has set an execution date for May 5. Berry was convicted for the brutal 1987 murder of Mary Boundsawyers and his lawyers are now seeking a stay of execution from the Governor. They argue Berry is mentally retarded and that he should be allowed to seek clemency from the governor one more time. See full article here.

Mississippi: Request

Mississippi Governor Gov. Haley Barbour (R) has been asked to grant a pardon to a man who murdered his ex-wife with a shotgun in 1989. Michael David Graham was driving in his car with a 12-gauge shotgun at the time of the murder. He pulled it alongside that of his ex-wife's and the blast went through her car window and hit her in the left temple. Just two days earlier, she had filed a complaint against him for threatening and stalking her. After the shooting, Graham calmly drove to the offices of his divorce attorney where he was convinced to turn himself in. District Attorney Tony Lawrence says a pardon would be wrong, "If he were to be released from murder and not serve a life sentence, (the) family would be harmed all over again. He deserves to have the full effect of the punishment carried out." See full story here and here.

MIssissippi: Request

Paul Joseph "Jody" Warnock was convicted for shooting and killing his 18-year old girlfriend in 1993 and sentenced to "life." But Warnock was released in 2006 and has now submitted a pardon application to Gov. Haley Barbour (R) who is waiting to see how the state's parole board will rule on the matter. The application emphasizes Warnock's "prison record, work history, success since being released from custody and evidence of rehabilitation." Prosecutor Gil Martin says, "there was plenty of circumstantial, undeniable evidence against him" even though the first trial ended in a deadlocked jury. See story here and here.