Columbia, S.C. – The air was thick with tension on Friday, September 20, 2024, as a bustling crowd gathered to protest the planned execution of 46-year-old Freddie Eugene Owens. This event marks a significant moment in South Carolina, as Owens would become the first person executed in the state in over a decade, with the last execution occurring 13 years ago.
Meanwhile, another inmate, Richard Moore, is gearing up to fight for his life as he awaits a crucial hearing in federal court. Scheduled for Tuesday, this hearing will discuss Moore’s dramatic plea to transfer clemency powers from the governor to a parole board. His attorneys argue that Governor Henry McMaster cannot fairly assess Moore’s request, given McMaster’s past role as state attorney general, during which he oversaw efforts to uphold Moore’s death sentence.
According to court documents, Moore’s legal team stated, “For Moore to receive clemency, McMaster would have to renounce years of his own work and that of his former colleagues.” In a state where the death penalty is a hot-button topic, Moore’s lawyers are concerned about the fairness of the hearing.
In South Carolina’s history, no governor has granted clemency in the modern era of the death penalty. McMaster has expressed a tough-on-crime stance and made it clear that he is against parole. His office acknowledged Moore’s lawyers’ arguments, yet maintained that McMaster has not made a decision on granting clemency.
Interestingly, as it stands, nine states, including South Carolina, have governors who are former attorneys general. These officials often find themselves facing similar dilemmas, balancing their past prosecutorial roles against their current obligations as governors.
Moore, who is now 59, was convicted of murdering James Mahoney back in September 1999. The story is a harrowing one: Moore had entered a Spartanburg County store unarmed but ended up in a chaotic shootout after seizing one of Mahoney’s guns. The tragic outcome led to Mahoney’s death, and even more disturbingly, Moore did not seek help after the crime, leaving blood droplets behind as he stole from the register.
As of now, Moore has until October 18 to make a critical decision about his execution. His lawyers have painted a portrait of him as someone who has shown tremendous growth, describing him as a “mentor for his fellow inmates” and a supportive father and grandfather. They have put forth a strong argument for why Moore should be seen as an ideal candidate for a life sentence rather than facing the death penalty. “Over the past 20 years, Moore has worked to make up for his tragic mistakes,” they stated.
In a state steeped in tradition, McMaster’s approach is to wait until literally moments before an execution to decide whether to grant clemency. He had indicated that this decision is based on a thorough review of each case. His attorneys reassured that regardless of Moore’s claims, it ultimately comes down to what McMaster decides in the moment.
“Clemency is an act of grace,” they noted, suggesting that such a decision does not undermine past efforts to uphold the death sentence. Indeed, these are tense times in South Carolina, as the execution date looms closer, and emotions run high among advocates on both sides of this profound issue. Whether Moore will receive a break from the death chair remains to be seen.
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