Inmate set to die
Friday asks governor for mercy
JEFFREY
COLLINS Associated
Press
COLUMBIA, S.C. - An inmate scheduled to die
Friday by lethal injection for killing an Aiken County convenience
store clerk is asking the governor to spare his life.
Lawyers for Jerry McWee want Gov. Mark Sanford to commute McWee's
death sentence to life without parole because they say his
co-defendant struck a plea bargain that may have kept him from the
death chamber.
McWee, 51, also has been a model prisoner during his 10 years on
death row, only committing one minor infraction of having more than
$25 in an account inmates use to buy personal items, according to
the clemency petition filed Monday.
But McWee faces an uphill fight. No South Carolina governor has
reduced a death sentence to life in prison since the death penalty
was reinstated nearly 30 years ago. McWee will be the 30th inmate
sent to the death chamber during that time.
Sanford has already refused one clemency petition since taking
office, allowing David Clayton Hill to be put to death on March 19.
His spokesman, Will Folks, said he isn't sure if the governor is
aware that none of his predecessors have spared an inmate's
life.
"I don't think he looks at what other people have done or what
the statistics are," Folks said. "I think he looks at each
individual case and makes a decision based on its merit."
McWee's only other hope is a case before the U.S. Supreme Court,
saying the jury in his trial should have known he would have been 71
years old before he became eligible for parole. The state Supreme
Court has already denied a similar appeal last month on a 3-2
vote.
If McWee's sentence was changed to life in prison now, he could
never be paroled under current law, his lawyer John Hardaway
said.
In the clemency petition, McWee's lawyers agree he is the one who
fired the gun that killed Aiken County convenience store clerk John
Perry in July 1991. Authorities said McWee took Perry to the back of
the store and shot him twice in the head before stealing $350 from
the cash register.
But they said McWee was a down-on-his-luck former police officer
and paramedic who had never been in trouble before until he met
George Scott while working as a security guard at Waffle House.
The two became roommates and Scott needed money because he was
using drugs, Hardaway wrote in the petition.
McWee killed the clerk because "he was nervous and scared by the
situation, and because Scott had threatened him," Hardaway
wrote.
A week later, McWee and Scott went to their boss' house and shot
and killed him. This time Scott pulled the trigger. The gun used in
both killings was found in McWee's trunk after McWee called 911 to
report the death.
Scott immediately began talking to investigators and testified
against McWee at his trial. He told jurors he had received no deal,
but several years later said he did not reveal his deal because it
wasn't in writing, Hardaway wrote.
Also one of the chief investigators in the cases was the father
of McWee's estranged wife, making him much more likely to encourage
a deal with Scott, according to the petition.
Both men pleaded guilty to the second killing and received life
sentences.
The McWee case in 1994 was the first death penalty trial for
prosecutor Barbara Morgan, who said she has no doubts McWee should
die for what he did.
"It's what it calls for," said Morgan, who during her closing
arguments in the trial said McWee was "like a dog turned wrong and
gone rabid."
Morgan disputes several items in the clemency petition, including
defense lawyers pointing out McWee called 911. She said the call
wasn't right after the shooting.
"They go to Hardee's and eat," Morgan said. "Then they come back
and report it as if they found him murdered."
McWee was the ringleader in the killings and used his emergency
medical training to take the pulse of the second victim after he was
shot, Morgan said. When he detected a heartbeat, he had Scott shoot
him again and showed him where to fire the shot, she said.
The 10-year wait for justice has been hard on Perry's family and
each time McWee tries to avoid the death chamber brings the hurt
back, Morgan said.
"The wound keeps getting salt in it all of the time," she
said. |