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04-03-2008, 08:55 AM
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 Gov. Kaine Puts Moratorium on Va. Death Penalty Gov. Tim Kaine on Tuesday stayed the April 8 exectution of Edward Nathaniel Bell and said his order will apply to all other death-row inmates until the Supreme Court decides whether lethal injection is a cruel and unusual punishment. Virginia joins 13 states that have put off executions pending the High Court's decision. The decision is expected sometime this summer. Late this afternoon, Attorney General Bob McDonnell released a statement of his own, saying he disagrees with the governor's decision. Here is Gov. Kaine's statement followed by Attorney General McDonnell's statement: RICHMOND - Governor Timothy M. Kaine today issued the following statement regarding the execution of Edward Nathaniel Bell and other scheduled executions in the Commonwealth of Virginia: "On September 25, 2007, the United States Supreme Court granted certiorari in the case of Baze v. Rees in order to consider the constitutionality of using lethal injection as a method of execution. There has been no execution carried out in the United States since that date, as courts around the country await the Supreme Court's ruling, which will likely be issued at some time before the middle of July. Approximately 30 execution dates in 13 states have been stayed in the interim, either by actions of the Supreme Court, lower federal courts, state courts or gubernatorial action. In one of these cases, the Supreme Court issued a stay of the October 17, 2007 scheduled execution of Christopher Scott Emmett in Virginia. "In order to await the Supreme Court's ruling in Baze, and respecting the national legal consensus that no execution go forward until that time, I grant a temporary reprieve of the execution date for Edward Nathaniel Bell, currently scheduled for April 8, until July 24, 2008. This temporary reprieve will allow for issuance of the Supreme Court decision and consideration of whether its outcome has any effect upon the merits of Mr. Bell's legal claims or request for clemency. "Stays in the final hours before an execution can take an emotional and physical toll on those who must prepare for the execution, including the family members of the victim or victims. In order to provide guidance to courts, litigants and the public, it is my intention, for the reasons expressed here, to grant a temporary delay of any execution date in Virginia that has been set after the conclusion of federal habeas corpus review and that is scheduled to occur before the Baze decision is rendered, unless the Supreme Court, by other ruling or action, specifies that executions may commence once again." Richmond- Today, Governor Tim Kaine announced a reprieve to Edward Bell, a convicted capital murderer scheduled for execution on April 8th. In addition, the Governor announced a moratorium on all executions in the Commonwealth until a decision is reached by the United States Supreme Court in the case of Baze v. Rees, involving the constitutionality of lethal injection as administered in Kentucky. In response to today's decision by the Governor, Attorney General Bob McDonnell issued the following statement: "While I recognize the clear authority of the Governor to grant reprieves to death-row inmates, and understand the rationale for his decision today in Bell's case, that decision is premature due to Bell's pending request for a stay in the United States Supreme Court. The question of whether a stay should be granted is first and foremost a legal decision to be made by a court. The Governor appropriately waited for the United States Supreme Court to rule on a request for a stay last October in Christopher Emmett's case and I see no legal reason why Bell's case should be treated differently." "Further, I respectfully disagree with the Governor's decision to impose a blanket moratorium on all executions in Virginia. This moratorium will pre-empt the United States Supreme Court's ability to decide whether other Virginia capital murderers present sufficient legal grounds to stay an execution. Additionally, other death-row inmates affected by the Governor's actions have yet to select a method of execution as Virginia law provides, and only lethal injection cases are at issue in the Baze case. Finally, without knowing the date on which the United States Supreme Court will rule in Baze, a moratorium may unnecessarily delay justice in other Virginia cases." "It is for these reasons that I disagree with today's actions by the Governor." WTKR NewsChannel 3: News, Weather and Traffic in Hampton Roads and North Carolina | Gov. Kaine Puts Moratorium on Va. Death Penalty      |
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