COLUMBIA, S.C. — A federal judge has turned down a South Carolina man’s request to strip the governor of the authority to grant clemency in his impending execution case, which is set for next week.
Richard Moore’s legal team claimed that Governor Henry McMaster’s previous role as state attorney general, which involved overseeing the prosecution in Moore’s case, compromised McMaster’s ability to consider Moore for clemency fairly. The governor had previously communicated to the media that he did not intend to commute Moore’s death sentence back in 2022 when a scheduled execution date was set but later canceled.
Currently, all possible appeals have been exhausted, and Moore is facing execution by lethal injection on November 1.
Moore’s lawyers requested that the clemency power be transferred to a parole board or another authority, arguing that McMaster’s earlier involvement in the case should disqualify him from making a fair decision.
However, Judge Mary Geiger Lewis ruled on Monday that, according to the state constitution, only the governor has the authority to grant clemency. She emphasized that Moore’s attorneys had overemphasized McMaster’s past remarks, particularly given that the governor had submitted a sworn statement affirming his commitment to uphold the law and the state’s constitution.
The judge noted, “Governor McMaster’s statement was made nearly two-and-a-half years ago. At the time, Moore had yet to file a petition proposing any grace-oriented grounds for clemency.” She pointed out that McMaster could only judge Moore’s case based on the extensive legal proceedings presented before him.
Nine states, including South Carolina, are headed by former attorneys general, with notable clemency decisions made by governors like former President Bill Clinton in Arkansas.
Legal representatives for McMaster argued that Moore’s requests were predicated on the assumption that the governor would ultimately reject clemency, emphasizing that any decision made regarding Moore’s case rests solely with the governor.
Moore, who is now 59, received a death sentence for the fatal shooting of a store clerk named James Mahoney in September 1999. Initially entering the Spartanburg County store without any weapons to commit robbery, a confrontation led to a shootout wherein Moore managed to take Mahoney’s gun. Unfortunately, Mahoney died from a gunshot wound to the chest, while Moore sustained an injury to his arm.
His defense team plans to advocate for clemency, arguing that the death sentence is disproportionate given that Moore did not arrive at the store armed and may have acted in self-defense, citing the absence of surveillance footage of the incident. Moreover, his lawyers note that Moore has maintained a clean prison record and is willing to assist in the rehabilitation of other inmates.
Supporters of Moore contend that his proactive mentorship within the prison community and unblemished record make him a deserving candidate for the governor’s mercy.
Historically, no governor in South Carolina has granted clemency to individuals facing capital punishment recently. McMaster maintains that he evaluates each case based on detailed examination. He is expected to reveal his decision concerning Moore shortly before the execution, following the exhaustion of all appeals.
The governor emphasized, “I really don’t decide until we get right to the end. That’s when you have to announce it. And there’s always a chance that something may change a governor’s mind.”
Furthermore, Moore has submitted a pending request to the U.S. Supreme Court, seeking to halt the execution based on claims that the jury lacked any African American representation, a notable issue given Spartanburg County’s demographics at the time of the 2000 U.S. Census.
Moore’s son, Lyndall, highlighted his father’s dedication to family and community, stating, “He’s mentored other young people. He’s a God-fearing man.”
If the execution proceeds, it will mark South Carolina’s second execution in a period of 13 years, during which the state faced difficulties in procuring necessary lethal injection drugs.