Japan has just executed three convicts, the most notorious of whom confessed to cannibalizing his four young female victims.
Meanwhile, closer to home, my own dear Commonwealth's governor, Tim Kaine, recently commuted the death sentence of Percy Walton to life imprisonment. The governor, who claims to be a Catholic while supporting vehemently pro-abortion politicians like Barack Obama and Mark Warner (democrat nominee for Virginia's Senate race), has not shied in the past from jettisoning his stated personal conviction that the death penalty is immoral and refusing other clemency petitions.
This time, however, Kaine quite cynically hid behind the alleged but never proven mental incompetence of Walton to understand the death sentence he was scheduled to undergo. While conceding that Walton was mentally competent at the time of his offenses and during his trial, Kaine claims, mirabile dictu, that new information provided to him shows that Walton is now unable to understand his scheduled execution. Kaine's pronouncement is replete with references to the unconstitutionality of executing those who cannot comprehend their sentence.
What Kaine glosses over, however, is that Walton's competency was extensively litigated, and that the en banc Fourth Circuit ruled that Walton was in fact competent to be executed.
As I related here, 15 separate judges considered and rejected the claims that Kaine swallows hook, line, and sinker. As I also predicted correctly at the time Kaine deferred the last execution date for
[this delay] will be spent desparately trying to produce "findings" that Walton is genuinely mentally deficient, which of course, will give Kaine the political cover he needs to grant clemency to a death row inmate and commute his sentence to life imprisonment.Now that the issue of Walton's competency is no longer subject to the acid test of litigation, Kaine disingenously pulled the plug on justice in the case and issued a mere ipse dixit justification based on the unproven assertions of the Clemency petition: Screw the Commonwealth, screw the Attorney General, screw the victims, the jury, the trial judge, and screw the crucible of litigation to test this "new information."
Does he have the right to commute? Certainly.
Do we have to accept his utterly phony and transparent justification? Certainly not.