Was Governor Warner's decision regarding Lovitt correct?

I'm impressed with what he did. This makes me think that Warner truly understands what justice is all about. No way should this man be executed when evidence which might have exonerated him was destroyed. Whether what happened to this evidence was by accident or design, nobody should pay the ultimate price, especially when it is uncertain they did the crime.

Here's a link to those who don't know what I'm talking about (on edit)
http://www.governor.virginia.gov/Press_Policy/Releases/2005/Nov05/1129c.htm

The governement should not be in the business of taking lives, period.

But I am impressed that a Southern governor would dare to buck the mainstream. Clinton didn't do it when he was asked to give clemency to a mentally retarded killer. I was really steamed over that. Warner has gone up more than a few notches for me with this ruling.

So much for stereotypes!

different from most people. i think life in prison with out a chance of parole is far more severe than the death penalty. if i committed a crime i would want the death penalty for myself rather than being confined for the rest of my life.

life in prison would often suck more than being put to death. As long as the prison doesn't have TV and weights and Playboy magazine for everyone. Dangerous prisoners should be working all day, every day doing something that benefits society.

I would expect that of any fair minded person holding Warner's position of authority. Sadly, I acknowledge that more often than not lately I expect to be deeply disappointed however in situations like this, and of course I applaud Warner for doing the right thing.

I still remember when a Republican Governor of Illinois commuted all of the death sentences there to life without parole because of how broken the system of justice there had been proven to be. I think that Governor had some ethical issues of his own to deal with on another front, but he certainly impressed me with that decision. THAT took courage.

“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.


From Warner's press release.

If there is even 1% of doubt about guilt, then there should be 0% of carrying out the death penalty.

He definitely did the right thing!

IMO, some criminals cannot be reabilitated.

But yes, he was right on this one. The law in VA clearly states that all evidence must remain on hand untill the defendant has exhausted all of forms of appeal. Clearly not the case here. Warner did the right thing.