COLUMBIA, S.C. — A federal judge seems hesitant to accept the request from a South Carolina inmate, scheduled for execution in just over three weeks, to remove the governor’s authority to grant clemency.
Lawyers for Richard Moore argue that Governor Henry McMaster is unable to impartially review his case due to his history as state attorney general, where he oversaw the prosecutors who contested Moore’s appeals. Additionally, they point to McMaster’s previous comments from 2022, when he stated he did not plan to commute Moore’s death sentence. Instead, they are urging the court to transfer clemency powers to a more neutral party, such as a parole board or the lieutenant governor. However, Judge Mary Geiger Lewis expressed reluctance to strip the governor of this constitutionally granted authority. She believes McMaster will thoughtfully consider Moore’s clemency request when it is presented. Moore’s execution is scheduled for November 1.
During a court hearing, Judge Lewis remarked that Moore has access to the clemency process but doubts that McMaster will be favorable in exercising this process. She noted the importance of the case for all parties involved and indicated that, while she might have ruled immediately during the hearing, she would take additional time to provide a detailed written order.
At 59 years old, Moore is facing execution for the fatal shooting of store clerk James Mahoney in September 1999. The incident began when Moore attempted an unarmed robbery at a Spartanburg County store, which escalated into a shootout after he gained control of one of Mahoney’s firearms. Moore sustained an arm injury in the exchange, while Mahoney died from a chest wound.
Under state law, Moore must decide by Friday whether he will choose to face execution by lethal injection, a firing squad, or the electric chair. If carried out, this execution would be the second in South Carolina following a 13-year hiatus caused by difficulties in obtaining the necessary drugs for lethal injection.
Historically, no governor in South Carolina has granted clemency during the modern application of the death penalty. McMaster has stated that he evaluates cases on an individual basis, based on thorough reviews.
The judge queried McMaster’s legal team regarding the possibility of the governor providing a sworn statement asserting he would impartially evaluate Moore’s clemency request. The attorneys indicated a reluctance to do so, citing the exclusive powers designated to the executive branch, but mentioned that they would comply if the judge strongly insisted.
After the hearing, McMaster told reporters he has yet to make a decision regarding Moore’s case and plans to announce his determination shortly before the scheduled execution, as is customary in South Carolina, once all appeals have been exhausted.
“My intention is to study the facts, to understand the facts, to gather whatever information is available about the matter, and then formulate a very considered opinion,” McMaster stated.
Moore’s legal representatives maintain that he is a fitting candidate for a life sentence due to his positive contributions while incarcerated, portraying him as a mentor to other inmates. They highlighted that over the past two decades, Moore has sought to atone for his past actions and has shown commitment to being a loving father, grandfather, and friend, accompanied by an exemplary record in prison.