The Columbus Dispatch reports the breaking news, "Strickland commutes death row inmate's sentence to life without parole." It's filed by Alan Johnson.
Gov. Ted Strickland has spared the life of Kevin Keith, who was scheduled to be executed in two weeks for a triple murder in Bucyrus in 1994.
Strickland this afternoon commuted Keith's sentence to life without the possibility of parole. In doing so, Strickland rejected an 8-0 recommendation from the Ohio Parole Board that Keith should be executed.
Keith, 46, was to be lethally injected Sept. 15 for murdering two women and a four-year-old girl by spraying a Bucyrus apartment with bullets as revenge against a drug informant.
He has long claimed that he is innocent and sought a full pardon from the governor -- even though courts at all levels have affirmed his guilt and the death sentence. Keith's defense team argued that the lack of physical evidence, no carpet fibers, DNA or fingerprints on a gun meant the conviction relied on "questionable" testimony from an adult and two children who survived the attack.
The controversial nature of Keith's case attracted support from high-profile individuals and organizations, including John Q. Lewis of the Jones Day law firm of Cleveland who worked on his defense for free, former Republican Attorney General Jim Petro, and the national president of the Innocence Network.
Strickland, a Democrat seeking re-election this fall, set the stage for his clemency decision in an interview with The Dispatch last month in which he said the case "has circumstances that I find troubling." He said his legal staff had been looking into circumstances of the case for weeks.
I expect a statement from Kevin Keith's attorneys shortly, and will update the post when it's available. Earlier coverage of the case is here.
UPDATE -- Governor’s Statement Regarding Clemency Application of Kevin Keith:
"Kevin Keith was convicted, by a jury, of callously murdering three people-including a four-year old child-and shooting three others, including two young children. Since the time of his arrest more than 16 years ago, Mr. Keith has maintained his innocence, insisting that someone else committed the murders.
"Mr. Keith's conviction has been repeatedly reviewed and upheld by Ohio and federal courts at the trial and appellate level. The Ohio Parole Board recommended against clemency in this case. There is evidence which links him to the crimes that, while circumstantial, is not otherwise well explained. It is my view, after a thorough review of the information and evidence available to me at this time, that it is far more likely that Mr. Keith committed these murders than it is likely that he did not.
"Yet, despite the evidence supporting his guilt and the substantial legal review of Mr. Keith's conviction, many legitimate questions have been raised regarding the evidence in support of the conviction and the investigation which led to it. In particular, Mr. Keith's conviction relied upon the linking of certain eyewitness testimony with certain forensic evidence about which important questions have been raised. I also find the absence of a full investigation of other credible suspects troubling.
"Clearly, the careful exercise of a governor's executive clemency authority is appropriate in a case like this one, given the real and unanswered questions surrounding the murders for which Mr. Keith was convicted. Mr. Keith still has appellate legal proceedings pending which, in theory, could ultimately result in his conviction being overturned altogether. But the pending legal proceedings may never result in a full reexamination of his case, including an investigation of alternate suspects, by law enforcement authorities and/or the courts. That would be unfortunate--this case is clearly one in which a full, fair analysis of all of the unanswered questions should be considered by a court. Under these circumstances, I cannot allow Mr. Keith to be executed. I have decided, at this time, to commute Mr. Keith's sentence to life in prison without the possibility of parole. Should further evidence justify my doing so, I am prepared to review this matter again for possible further action."
UPDATE -- Statement from Attorneys for Kevin Keith in Response to Governor Strickland's Commutation to Life Without Parole:
"We applaud Governor Strickland for commuting Kevin Keith's sentence and agree with the Governor that there are 'real and unanswered questions surrounding the murders for which Mr. Keith was convicted' and that 'the absence of a full investigation of other credible suspects [is] troubling.' The Governor’s ultimate responsibility is to ensure that no human being is executed in Ohio absent absolute certainty, and Governor Strickland has recognized that questions remain regarding whether Kevin Keith is, in fact, guilty. This means our work is unfinished. Mr. Keith remains incarcerated for a crime he did not commit, and that crime remains unsolved. The same compelling reasons that support Governor Strickland's actions today warrant a new, fair trial for Mr. Keith, including the existence of newly discovered evidence, the revelation of evidence withheld by the State, and the development of new science behind eyewitness identification, all of which point to Mr. Keith's innocence.
Procedural hurdles in our court system have thus far prevented a full review of the facts, but at least one federal appellate judge has noted that 'it is deplorable that this Court has failed and refused in this case to consider and properly address Petitioner's legal arguments in a manner indicating that the Court recognizes that 'death is special.'' The commutation to a life sentence does not lessen the need for justice to prevail. We will continue our fight to obtain the relief Mr. Keith deserves, and we are grateful for the continuing support of an overwhelming number of Ohio citizens from diverse backgrounds that continue to support our position."
Rachel Troutman, Assistant State Public Defender
Andrew King, Assistant State Public Defender
Tyson Fleming, Assistant State Public Defender
John Q. Lewis, Partner, Jones Day
David Mills, The Mills Law Office LLC
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