INDIANA----stay of execution
(source: Indianapolis Star)
Governor grants inmate a stay of execution----O'Bannon orders DNA testing
of blood evidence against convicted murderer Darnell Williams.
Governor Frank O'Bannon announced this afternoon that he is granting a
60-day stay of execution for Death Row inmate Darnell Williams. The stay
was granted in order for DNA testing to be carried out on blood evidence
in the case.
Williams, 36, had been scheduled to be executed Friday in Michigan City
for the 1986 murder of a Gary couple.
The Indiana Parole Board was scheduled to meet today to determine whether
to recommended clemency for Williams, but O'Bannon asked them to delay
their deliberations until the DNA testing has been completed.
In a statement, O'Bannon said, "The Indiana Supreme Court and the federal
courts have determined that Williams has no legal right to DNA testing,
primarily because there is so much other evidence linking Williams to the
murders."
However, referring to the "unique circumstances of the case," O'Bannon
said "it is appropriate to grant a stay in order that DNA tests be
performed."
The governor said the stay of execution should not tip the case either
way. "My decision to allow DNA testing does not preordain any outcome of
any further request for clemency," he said.
The case has drawn national attention since Williams and death penalty
opponents asked the state to release clothing he was wearing at the time
of the slayings for DNA testing of blood stains.
They claim that DNA tests could show the blood was not from the victims.
The judge who presided over the court hearing, the prosecutor and some
jurors have urged authorities to conduct DNA tests.
U.S. District Judge John Tinder last week denied Williams' request for
testing.
The Indiana Supreme also has denied his request for testing and a request
for consideration of new evidence in the case.
Despite what tests might show, there is ample evidence to justify
Williams' death sentence, justices said.
Williams and Gregory Rouster were convicted of robbing and fatally
shooting John and Henrietta Rease.
Williams has acknowledged taking part in the robbery, but denies that he
killed anyone.
His attorneys note that Rouster does not face execution.
They maintain that Williams is mentally retarded and ineligible for the
death penalty. The state disagrees with that claim.
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