Montana: No. No Deal

Gov. Brian Schweitzer is now denying previous reports (here) suggesting that there was something like a commutation deal offered to Canada in 1997 on behalf of convicted double murderer Ronald Smith. Schweitzer says, "Nothing was put on the table, nor did I offer anything." He also explains that he has "listened to a lot of folks" and "explained to them" that he cannot act "unilaterally" in the matter. For sure, in Montana, requests for commutation of sentence are filed after an execution date has been set and they have to be filed with the state Board of Pardons and Parole. After public hearings, recommendations are made to the governor. See more details on the story here.

Montana: Canada and the Death Penalty

Ronald Allen Smith, a native of Red Deer, Alberta, Canada, was sentenced to death in March 1983 after he was found guilty of shooting two men in the back of the head just after they had offered him a ride while hitchhiking. Smith later said that he did it "to find out what it would be like to kill somebody." He also accepted his death sentence as an appropriate fate, but then changed his mind and engaged in a spirited round of appeals.

For years, Canada has lobbied foreign governments to show mercy to its citizens when they face the death penalty, requesting commutations of sentence (to life in prison) or that prisoners be returned to Canada to serve their term there. Canada got rid of the death penalty for its own citizens in 1976. Smith is the only Canadian on death row in the United States but, in November of 2007, the government of Canada announced a change in policy. It would not seek clemency for Smith. Today, however, a report at Canada.com notes:

Montana's governor told a top Canadian consular official last year that he was willing to consider commuting the death sentence of Alberta-born killer Ronald Smith - the only Canadian on death row in the U.S. - and transfer him to a Canadian prison if Canada would guarantee he'd be kept behind bars for at least five years. The revelation is contained in briefing notes prepared in November for Justice Minister Rob Nicholson and released on Friday after an Access to Information request by Canwest News Service.

As of now, no execution date has been set for Smith. See Canada.com report here.

Montana: Rejection (Background)

On March 16, PardonPower posted material here on the case of Barry Beach, who was charged with murder in 1979 and sentenced to 100 years in prison. Tonight, Dateline NBC aired a broadcast on his case as well. The Dateline report can be found here.

Montana: Rejection

On Friday, the Associated Press reported on 45-year old Barry Beach, who was convicted of the 1979 killing of a 17-year old girl on Fort Peck Indian Reservation. The conviction was obtained as a result of a confession he gave to Louisiana authorities while in jail for an unrelated crime. Beach is serving a 100-year prison term without the possiblity of parole, but now argues that the confession was "coerced." As he puts it, "I was so scared I would have said anything to get away from them. I was 20 years old. I just wanted to get out of that interrogation room.” Beach also insists that there is testimony from others that connects a group of girls to the murder. For example, Carl Fourstar testified (at Beach's clemency hearing) that a former co-worker confessed that she had gotten away with the murder. So, Beach is seeking a new trial based on testimony that the Board of Pardons and Parole calls "double and triple hearsay." This was the same body that rejected Beach's petition for executive clemency. See some background on the case here and here and here.

Montana: Request

Ronald Allen Smith is sitting on Montana's death row because he pleaded guilty to double homicide in 1983 and asked to be sentenced to death. Just three weeks before his plea, Smith turned down an offer of life imprisonment in return for a guilty plea. After he began serving his sentence, however, Smith changed his mind and his death sentence was overturned three times before is was reimposed. In 2005, Smith's lawyer and the government of Canada began actively negotiating to win clemency from Montana Governor Brian Schweitzer (D). However, Canada (which originally approached Smith for assistance) halted the negotiation effort on Oct. 31, 2007, and the 50-year old Smith is now asking the Federal Court of Canada to force the federal government to continue help him in the search for a commutation of sentence. Story here and here.