A Death Penalty Commutation

DELAWARE
The New York Times

Published: January 17, 2012

On Tuesday, Gov. Jack Markell of Delaware commuted the death sentence of Robert Gattis to life without parole. In doing so, he said he gave “great weight” to the careful decision of the state board of pardons to recommend that the sentence be commuted, the first such recommendation the board has made since the death penalty was reinstated there in 1974. As a condition of the commutation, which is supported by a long list of former judges and prosecutors, Mr. Gattis is expected to waive all legal challenges and live out his life in prison.

Mr. Gattis killed his girlfriend in 1990 after an angry quarrel. The pardons board wrote that before the murder, “Mr. Gattis complained to medical professionals of mental illness and involuntary violent impulses” from the extreme and continuous sexual abuse he suffered as a child. The governor called this background “among the most troubling I have encountered.” Mr. Gattis’s lawyers failed to submit much of the ample proof about his mental illness and its devastating effects. The board was able to take full account of that mitigating factor.

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