COLUMBIA, S.C. — An inmate in South Carolina who is facing execution in just over three weeks is petitioning a federal court to strip the governor of his clemency powers and transfer them to a parole board.
The state’s constitution currently empowers the governor to make clemency decisions, and Governor Henry McMaster’s attorneys have confirmed his intent to retain that authority.
Richard Moore’s legal team contends that McMaster is unable to impartially evaluate Moore’s plea to have his death sentence converted to life imprisonment due to his previous role as a lead prosecutor from 2003 to 2011, during which he advocated for maintaining Moore’s death sentence.
“For Moore to receive clemency, McMaster would have to renounce years of his own work and that of his former colleagues in the Office of the Attorney General,” the defense attorneys stated, urging the judge to delay the execution until the case is thoroughly examined.
The governor, known for his stringent anti-crime stance, previously asserted in 2022 that he did not plan to alter Moore’s sentence even when an execution date seemed imminent, as noted in the legal filings submitted by Moore’s lawyers.
In contrast, McMaster’s attorneys argue that he has not yet made a decision on granting clemency and defend the legal precedent that allows former attorneys general, now serving as governors, to retain the right to decide on death penalty cases.
Currently, nine states, including South Carolina, are led by former attorneys general. They highlight cases like that of former President Bill Clinton in Arkansas, who also transitioned from a top prosecutor to a governor responsible for clemency decisions.
“Moore’s claims are rooted in the presupposition that the Governor will not commute his death sentence. Ultimately, the decision rests with the Governor,” McMaster’s attorneys noted.
A federal hearing to address Moore’s request is set for Tuesday in Columbia. At age 59, Moore is sentenced to death for the fatal shooting of store clerk James Mahoney during a botched robbery in September 1999.
During the incident at a Spartanburg County store, Moore initially entered unarmed and engaged in a gunfight after seizing one of Mahoney’s firearms. While Moore sustained injuries, Mahoney was fatally shot in the chest.
Following the crime, Moore did not call for emergency help; instead, his blood was found on Mahoney as he took money from the cash register. According to state law, Moore has until October 18 to make a decision on his execution method, or he will automatically be electrocuted.
His execution would represent the second in South Carolina since a 13-year hiatus, which was due to the state’s inability to obtain the necessary drugs for lethal injections.
Historically, no governor in South Carolina has granted clemency during the modern era of capital punishment. Governor McMaster insists that he considers each case individually and thoroughly.
Moore’s legal representatives argue that he is a strong candidate for a life sentence due to his positive influence in prison, asserting, “Over the past 20 years, Moore has worked to make amends for his tragic mistakes by being a caring father, grandfather, and friend. He has an outstanding prison record,” they emphasized.
The governor has also stated his intention to follow established norms in the state by making a clemency decision shortly before an execution is scheduled, following a call from prison officials to check for any last-minute appeals or reasons to spare the inmate.
His legal team clarified that the conditions under which he will make the clemency decision differ from those surrounding the earlier efforts to uphold Moore’s death sentence.
“Clemency is an act of grace,” the attorneys reiterated. “Grace is extended to those who are not automatically deserving of clemency, meaning that granting it doesn’t require the decision-maker to disavow their past work.”
