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| South Carolina to execute Richard Moore despite objections from judge and jurors: ‘Grant him mercy’ | South Carolina to execute Richard Moore despite objections from judge and jurors: ‘Grant him mercy’ |
| (about 7 hours later) | |
| Moore, 59, awaits clemency from the governor as his children plead for his life to be spared | Moore, 59, awaits clemency from the governor as his children plead for his life to be spared |
| South Carolina is on track to execute a man on death row on Friday, despite growing concerns about the validity of his sentence and objections from the judge who originally condemned him to death. | South Carolina is on track to execute a man on death row on Friday, despite growing concerns about the validity of his sentence and objections from the judge who originally condemned him to death. |
| Richard Moore, 59, is due to be killed by lethal injection at 6pm unless the state’s Republican governor, Henry McMaster, grants clemency. Moore’s children have pleaded for his life to be spared, and his resentencing efforts are now supported by the former corrections department director, three trial jurors, the judge who presided over the case and a former state supreme court justice. | |
| The case has drawn scrutiny over racial bias and the unusual nature of his death sentence, and is part of a spate of rapid executions the state is pursuing. | The case has drawn scrutiny over racial bias and the unusual nature of his death sentence, and is part of a spate of rapid executions the state is pursuing. |
| An all-white jury convicted Moore, who is Black, of an armed robbery and the murder of a white convenience store clerk 25 years ago. Moore has said the killing was in self-defense. | An all-white jury convicted Moore, who is Black, of an armed robbery and the murder of a white convenience store clerk 25 years ago. Moore has said the killing was in self-defense. |
| On 16 September 1999, Moore was unarmed when he entered the store where James Mahoney was working the counter. There was no footage, so the exact circumstances of the incident are unclear. Moore has said they got into an argument, because he was short on change, prompting Mahoney to pull a gun on him. | On 16 September 1999, Moore was unarmed when he entered the store where James Mahoney was working the counter. There was no footage, so the exact circumstances of the incident are unclear. Moore has said they got into an argument, because he was short on change, prompting Mahoney to pull a gun on him. |
| In their scuffle, both men were shot – Moore in the arm and Mahoney fatally in the chest. Moore took cash from the store. | In their scuffle, both men were shot – Moore in the arm and Mahoney fatally in the chest. Moore took cash from the store. |
| There’s no dispute that Moore was unarmed when he arrived. Mahoney carried a gun, and there were two weapons behind the counter. A store witness said he overheard an argument, and then saw Moore with his hands on the clerk’s hands and that Moore fired in his direction. The witness wasn’t hit and said he played dead and didn’t see the rest of the encounter. | There’s no dispute that Moore was unarmed when he arrived. Mahoney carried a gun, and there were two weapons behind the counter. A store witness said he overheard an argument, and then saw Moore with his hands on the clerk’s hands and that Moore fired in his direction. The witness wasn’t hit and said he played dead and didn’t see the rest of the encounter. |
| A forensic investigator hired by Moore’s lawyers reviewed crime scene evidence in 2017 and concluded the first shot had been fired while the two men were fighting over the gun. | A forensic investigator hired by Moore’s lawyers reviewed crime scene evidence in 2017 and concluded the first shot had been fired while the two men were fighting over the gun. |
| Moore’s lawyers argued that, regardless of the details of the shootout, he shouldn’t be eligible for capital punishment, reserved for the “worst of the worst” murders, since he entered unarmed and had no premeditated plans for an armed robbery or homicide. In 2022, Kaye Hearn, a state supreme court justice, agreed, writing in a dissenting opinion that the death sentence was “invalid”, “disproportionate” and a “relic of a bygone era”. | Moore’s lawyers argued that, regardless of the details of the shootout, he shouldn’t be eligible for capital punishment, reserved for the “worst of the worst” murders, since he entered unarmed and had no premeditated plans for an armed robbery or homicide. In 2022, Kaye Hearn, a state supreme court justice, agreed, writing in a dissenting opinion that the death sentence was “invalid”, “disproportionate” and a “relic of a bygone era”. |
| Hearn said it was “stunning” prosecutors couldn’t identify a comparable death penalty case involving a robbery that began unarmed and noted that Spartanburg county, where Moore was prosecuted, had a history of “alarming” racial disparities in the death penalty; all but one of 21 cases from 1985 to 2001 involved white victims. | Hearn said it was “stunning” prosecutors couldn’t identify a comparable death penalty case involving a robbery that began unarmed and noted that Spartanburg county, where Moore was prosecuted, had a history of “alarming” racial disparities in the death penalty; all but one of 21 cases from 1985 to 2001 involved white victims. |
| Moore’s team had also made a final appeal to the US supreme court, arguing that prosecutors had unlawfully removed two qualified Black jurors, but the court declined to stop the execution on Thursday. | Moore’s team had also made a final appeal to the US supreme court, arguing that prosecutors had unlawfully removed two qualified Black jurors, but the court declined to stop the execution on Thursday. |
| In a clemency video submitted with Moore’s application this week, Jon Ozmint, former head of South Carolina’s corrections department, said he hoped the governor would “give Richard the rest of his life to continue to pour into the lives of others”. In an earlier letter, Ozmint said he was a proponent of capital punishment and had never recommended reversing a death sentence, but said staff “trusted” Moore as a “reliable and respected” man on death row. | In a clemency video submitted with Moore’s application this week, Jon Ozmint, former head of South Carolina’s corrections department, said he hoped the governor would “give Richard the rest of his life to continue to pour into the lives of others”. In an earlier letter, Ozmint said he was a proponent of capital punishment and had never recommended reversing a death sentence, but said staff “trusted” Moore as a “reliable and respected” man on death row. |
| “Commutation would have a positive influence on hundreds of offenders who would be impacted by Richard’s story of redemption and his positive example,” Ozmint wrote. | “Commutation would have a positive influence on hundreds of offenders who would be impacted by Richard’s story of redemption and his positive example,” Ozmint wrote. |
| Gary Clary, the former circuit judge who imposed Moore’s death sentence, wrote to McMaster on Wednesday, saying he’d “studied the case of each person who resides on death row in South Carolina” and that Moore’s case was “unique”: “After years of thought and reflection, I humbly ask that you grant executive clemency to Mr Moore as an act of grace and mercy.” | Gary Clary, the former circuit judge who imposed Moore’s death sentence, wrote to McMaster on Wednesday, saying he’d “studied the case of each person who resides on death row in South Carolina” and that Moore’s case was “unique”: “After years of thought and reflection, I humbly ask that you grant executive clemency to Mr Moore as an act of grace and mercy.” |
| Three jurors wrote that they supported commutation based on Moore’s rehabilitation. Thousands have signed petitions to halt the execution. | |
| Lindsey Vann, Moore’s longtime attorney, said she wasn’t aware of any other South Carolina case under the modern death penalty in which a judge who imposed the sentence backed clemency. She said on Thursday that Moore had tried to remain optimistic: “He’s grateful for all of the support, so that brings him some hope … but there are obviously difficult conversations, talking to people for what might be the last time.” | Lindsey Vann, Moore’s longtime attorney, said she wasn’t aware of any other South Carolina case under the modern death penalty in which a judge who imposed the sentence backed clemency. She said on Thursday that Moore had tried to remain optimistic: “He’s grateful for all of the support, so that brings him some hope … but there are obviously difficult conversations, talking to people for what might be the last time.” |
| Moore has remained close to his two children, who have been visiting him behind glass since they were young. His daughter, Alexandria Moore, 31, recalled him teaching Spanish and creating puzzles through letters when she was a kid and said he’d become a beloved grandfather to her two daughters, telling the Guardian: “I will always be a daddy’s girl … Even with the physical distance, he is very much here and a part of my girls’ lives and my life.” | Moore has remained close to his two children, who have been visiting him behind glass since they were young. His daughter, Alexandria Moore, 31, recalled him teaching Spanish and creating puzzles through letters when she was a kid and said he’d become a beloved grandfather to her two daughters, telling the Guardian: “I will always be a daddy’s girl … Even with the physical distance, he is very much here and a part of my girls’ lives and my life.” |
| During his incarceration, Moore has leaned into faith, focused on painting and become friends with penpals, his lawyers said. His clemency video includes a clip of an earlier interview, in which Moore expressed remorse: “This is definitely a part of my life I wish I could change, because I took a life … I broke the family of the deceased. I pray for the forgiveness of that particular family.” | During his incarceration, Moore has leaned into faith, focused on painting and become friends with penpals, his lawyers said. His clemency video includes a clip of an earlier interview, in which Moore expressed remorse: “This is definitely a part of my life I wish I could change, because I took a life … I broke the family of the deceased. I pray for the forgiveness of that particular family.” |
| South Carolina recently resumed executions after a 13-year pause due to a lack of lethal injection supplies and challenges to its other proposed methods, of electrocution and firing squads. The state restocked pentobarbital, a sedative, after it passed a law to shield the identities of companies supplying the drug, which had feared public backlash. | South Carolina recently resumed executions after a 13-year pause due to a lack of lethal injection supplies and challenges to its other proposed methods, of electrocution and firing squads. The state restocked pentobarbital, a sedative, after it passed a law to shield the identities of companies supplying the drug, which had feared public backlash. |
| The state supreme court has authorized the scheduling of executions roughly every five weeks, an extraordinary pace that lawyers argued would strain attorneys representing multiple defendants and risk botched executions due to the rushed process. | The state supreme court has authorized the scheduling of executions roughly every five weeks, an extraordinary pace that lawyers argued would strain attorneys representing multiple defendants and risk botched executions due to the rushed process. |
| The first defendant executed last month was Khalil Divine Black Sun Allah, 46, who was put to death days after a central witness came forward to say he had lied at trial and that Allah was innocent. | The first defendant executed last month was Khalil Divine Black Sun Allah, 46, who was put to death days after a central witness came forward to say he had lied at trial and that Allah was innocent. |
| “It’s like an assembly line. The state is motivated to kill condemned people as quickly as possible, and they do that despite evidence that might change their minds,” said Paul Bowers of the American Civil Liberties Union of South Carolina. “In the first execution, there was a dramatic change in testimony from the key witness and that was not enough to persuade the governor … For Richard Moore, we’re desperately trying to appeal to Henry McMaster’s conscience.” | “It’s like an assembly line. The state is motivated to kill condemned people as quickly as possible, and they do that despite evidence that might change their minds,” said Paul Bowers of the American Civil Liberties Union of South Carolina. “In the first execution, there was a dramatic change in testimony from the key witness and that was not enough to persuade the governor … For Richard Moore, we’re desperately trying to appeal to Henry McMaster’s conscience.” |
| McMaster’s office did not respond to inquiries. He said earlier this week he’d announce his decision minutes before Moore is due to be executed. | McMaster’s office did not respond to inquiries. He said earlier this week he’d announce his decision minutes before Moore is due to be executed. |