Death row inmate removed from death row

[USMC5831]

INDIANAPOLIS, Indiana (AP) -- With just three days left in his term, Indiana Gov. Joe Kernan removed a convicted murderer from death row Friday and called for a review of how fairly the state administers the death penalty.

Kernan granted clemency to Michael Daniels, an Indianapolis man convicted of killing an Army chaplain in 1978 in a $1 robbery as the minister shoveled snow from his driveway with his 15-year-old son.

The son now also is a minister who opposes the death penalty. He said he has forgiven Daniels, and was happy with the governor's decision.

Daniels -- incarcerated on Indiana's death row longer than anyone else -- will now stay in prison for the rest of his life without the possibility of parole, the governor's office said.

Kernan said that evidence casting doubt on Daniels was never presented in court, and that Daniels' IQ has been measured at 77, just above the level to be considered mentally retarded. He also said Daniels was psychotic for some time and unable to assist in his defense, and that he was the only one of three co-defendants to get the death penalty.

Kernan commuted the death sentence of Darnell Williams in July, less than a week before he was to die by injection for the 1986 murders of a Gary couple. No prisoner has been executed during Kernan's nearly 16 months as governor.

Kernan said his reviews of the two cases have "revealed weaknesses" in Indiana's death penalty system. He said he hopes state government in the coming months can examine whether the sentencing system is fair in death-penalty cases.

"I have now encountered two cases where doubt about an offender's personal responsibility and the quality of the legal process leading to the capital sentence has led me to grant clemency," Kernan said. "These instances should cause us to take a hard look at how Indiana administers and reviews capital sentences."

The victim in Friday's case, Allan Streett, was a chaplain at Fort Benjamin Harrison and father of three when he was killed.

Tim Streett, the victim's son, had written letters to Daniels offering to help push for his clemency. Daniels did not write back, but Streett said he has spoken to Daniels' mother expressing his forgiveness.

Streett said his late mother may not have agreed with Kernan's decision, but she would have been glad the case has come to an end.

"As long as he (Daniels) was on death row, every couple of years there was a story about it in the paper," Streett said. "She just wanted that to be over."

Daniels' lawyer, Eric Koselke, said the inmate has a legal guardian who would tell him of the clemency.

"It took a lot of courage for him (Kernan) to do it," he said.

Eight other death row inmates appealed to the outgoing governor for clemency, but Kernan did not make a decision on the other cases.

[USMC5831]

Stuff like this just totally chaps my ass.

[SherryGrace]

So. They have the death penalty. They convict and sentence it. But they don't use it.

They just let it hang out there and waste everyone's time and tax dollars.

Does this make sense to anyone?

[USMC5831]

Originally Posted by SherryGrace

So. They have the death penalty. They convict and sentence it. But they don't use it.

They just let it hang out there and waste everyone's time and tax dollars.

Does this make sense to anyone?

No it actually erks me to death. Why even have it if you are not going to use it. it is in place for a reason now use it and stop looking for reasons as to not use it. That is the way i look at it.

[RetPara]

I think that govenor made a good move, especially since it seemed to have some backing of the victims son.

Over the last year or so I have had to seriously re-think my stand on the death penalty. Originally I would of agreed to it for anything above jay-walking. Maybe it age and muturity, the brandy, or all the psychotropic drugs I have to take, or... the three combined.

After watching how things when in Illinois where a number of inmates on death row were exonerated of involvement in the crime they were waiting to be executed for... I was shocked and almost ill. (Hey, it was a early morning after a rough late night.) What bothered me most is the question of how many people had been executed over the years for crimes they were not involved with? Imagine what goes on in the mind of a innocent person who spends years on death row and walks the last walk for something they had nothing to do with. This goes against EVERYTHING I spent my so-called adult life defending.

We have a advocacy legal (justice too often does not play with this anymore IMO) system that is unique in that the best speaker, organizer, and presenter is the one who wins the case. Some European countries have a system (they do somethings ok beside making Brandy) that is more fact finding, like a Art 32 Investigation orientated. From there charges can then be filed and trial held. What I see too often is a prosecutor is in the job as a political stepping stone. 'Justice' in its proper connotation, has as little with to do with this process as I do with 'calm, mature, personal interaction' with any twit that looks at my teenage daughter.

One precept this country was founded on is the protection of individual rights. This concept has been corrupted by our legal system. When you have arrogant ass's like Johnny Cochran or Gargo's making millions for freeing murderers... and making a mockery of justice; there is a problem.

My real issue is not with the death penalty, but how it is administered. In light of the technology available I believe there should be a higher evidentiary requirement. Even good scum-sucker Scott Peterson would not of been eligible. I believe there should be direct, phyiscal evidence connecting a person to a crime before the death penalty can be imposed. Short of that... life without ANY possibility of parole. For someone like Scott Peterson... that would be worse than death... at least on shower days.

I know many of you will disagree with this, but you'll just have to put on your big boys Depends and deal with it. Speaking of Depends... its time to change and take some more meds.....

[Hoss68]

Originally Posted by USMC5831

No it actually erks me to death. Why even have it if you are not going to use it. it is in place for a reason now use it and stop looking for reasons as to not use it. That is the way i look at it.

You worked in the system too long Chris.

RetPara has a lot of good points here. I believe in the death penalty, but they had better have a very strong case to back it up.

Our Governor (pawlenty) was trying to bring back the death penalty here for Sex OffendersNow regardless of how any of us might feel about SO's, that would be grossly unfair in a state who does not carry death for murder.

[USA11B]

I hope the Gov. Kernan of Indiana is doing just what his title indicates, governing. I noted with interest that an additional eight cases were pending.
If a Governor sits for four or eight years without overturning one or two death sentences, that I think should be more cause for concern than one or two being overturned.
I personally oppose the death penalty. Not on moral or religious grounds. I would like for those that would meet the criteria for the death penalty to live out the rest of their natural lives, locked up, with minimal amenities, and be reminded daily of just why you cannot ever be a free member of society.