Washoe County DA seeks to stop board from commuting death sentences
The Washoe County district attorney’s office filed a petition Friday seeking to prevent the Nevada Board of Pardons from commuting the death sentences of all 57 prisoners on death row.
Gov. Steve Sisolak has asked the board to consider changing the sentences during a meeting scheduled for Tuesday. Sisolak, who is also a member of the board, requested on Wednesday night that the item be added to next week’s meeting agenda, according to Meghin Delaney, a spokesperson for the governor’s office.
In Friday’s 19-page filing, the Washoe County district attorney’s office asked a Carson City district judge to prohibit the board from considering the additional agenda item.
The district attorney’s office, which prosecuted 10 of the prisoners on death row, wrote that amending the agenda three business days before the meeting does not give prosecutors, victims or the general public adequate time “to prepare, object, or otherwise respond.”
The governor’s office did not immediately reply to a request for comment Friday evening.
On Thursday, Delaney said the governor felt the proposal was a “worthy item” for those on the board to consider.
“The Governor has always said that capital punishment should be sought and used less often, and he believes this is an appropriate and necessary step forward in the ongoing conversation and discussion around capital punishment,” she said in an emailed statement Thursday.
The board consists of the governor, Attorney General Aaron Ford and the justices of the state Supreme Court.
Washoe County isn’t the only district attorney’s office opposed to the move. In a statement released to the Review-Journal on Friday morning, Clark County District Attorney Steve Wolfson said he had concerns about the addition to the board’s agenda, and warned that he and other district attorneys were considering options.
“In Nevada, the commutation of any sentence is rare, especially in cases involving a sentence of death,” he said. “In this situation, the law provides that a person seeking a commutation must apply to the Pardon’s Board and specify several things. I have many concerns regarding this agenda item, including whether all Nevada Laws were followed.”
The Washoe County district attorney’s office argued in Friday’s petition that the board is not permitted to grant clemency based on “an entire category of punishment,” instead of individual facts of a case.
“This would amount to the Board creating statutory exceptions to a form of punishment specifically provided for by the legislature,” the district attorney’s office wrote. “It is not the Board’s prerogative to amend statutes.”
The board’s rules also dictate that it may not consider an application for commuting a death sentence until the convicted person has exhausted the appeals process, according to the petition. The district attorney’s office wrote that several people prosecuted by the county who are on death row have not exhausted all their appeals.
The office also filed court documents requesting that an emergency hearing on the petition be held on Monday.
Contact Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240. Follow @k_newberg on Twitter. Review-Journal staff writer Taylor R. Avery contributed to this report.
