Ind. Governor Grants Stay of Execution for DNA Tests

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By Indianapolis Star / Associated Press

Published: 07/29/2003

In an unprecedented move, Gov. Frank O'Bannon on Monday issued a 60-day stay of execution for Death Row inmate Darnell Williams to allow for DNA testing.
Williams, 36, was scheduled to die Friday in Michigan City for the 1986 murder of a Gary couple, but his lawyer says the DNA tests could show blood on his shorts was not from the victims.
The case has drawn national attention as Williams and death penalty opponents, including the New York City-based Innocence Project, have asked the state to allow the testing.
O'Bannon issued a written statement Monday, saying he would grant a stay of execution to 'permit all potentially relevant evidence to be discovered.'
It is the first time an Indiana governor has granted a stay to allow for DNA testing.
'The Indiana Supreme Court and the federal courts have determined that Williams has no legal right to the DNA testing, primarily because there is so much other evidence linking Williams to the murders,' O'Bannon said. 'In the unique circumstances of this case, however, it is appropriate to grant a stay in order that DNA testing be performed.'
The governor's spokeswoman, Mary Dieter, read the statement at a news conference and did not take questions from reporters.
The move sparked swift reaction from death penalty advocates and opponents, who say the case likely will rekindle public debate over executions.
'The state has continued to say that the Indiana death penalty operates better than it does in other states,' said Karen Burkhart, Indiana death penalty coordinator for Amnesty International. 'For the first time, the governor is saying there might be a mistake.'
Relatives of Williams hugged each other and cried as they learned about O'Bannon's decision.
'We are just so happy,' said Mitchell Armstrong, Williams' cousin. 'God bless the governor.'
But during a clemency hearing Monday before the Indiana Parole Board, a relative of victims John and Henrietta Rease fought back tears as she testified.
'Who is going to consider them?' Felicia Moore asked. 'They made it sound like Williams was a saint.
'Please don't forget them. You don't know the impact this has had on my family.'
Board members, who were to make a clemency recommendation to O'Bannon, returned from deliberations to announce that he requested that they not take a vote.
It was not immediately clear when or where the DNA test would take place or who would pay for it.
The Innocence Project, a group that has used DNA evidence to clear more than 100 convicted criminals nationwide, has offered to pay for the test, which could cost $10,000.
The judge who presided over Williams' court hearings after his conviction, the prosecutor and some jurors have urged authorities to conduct DNA tests.
However, Williams' fate rests with O'Bannon, who has not granted clemency to any Death Row inmate since he took office in 1997.
Federal courts and the Indiana Supreme Court had rejected Williams' request for DNA testing.
Two Indiana justices said they now believe DNA testing should be allowed, and if it showed the blood did not come from the victims, that Williams should get a new sentencing hearing.
Williams and Gregory Rouster were convicted of robbing and fatally shooting the Reases.
But the courts have ruled Rouster is ineligible for the death penalty because is mentally disabled.

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