(BALTIMORE)—After passing an emergency resolution during the 104th NAACP Annual Convention, NAACP President and CEO Benjamin Jealous sent letters to the Georgia State Board of Pardons and Paroles, GA Attorney General Sam Olens, and Sumter County District Attorney Plez Hardin asking them to stay the execution of Warren Hill and reconsider clemency. The letters ask that his death sentence be commuted to life without parole.
Approximately 2,200 delegates passed the resolution advocating for clemency and state laws that prevent the execution of those who are classified as mentally retarded.
“The execution of Warren Hill would not only go against our basic constitutional principles but would be a dark stain on the Georgia system of justice,” writes Benjamin Todd Jealous in an excerpt from the letter. “We therefore ask that you use your power to prevent injustice and ensure that a man with mental retardation is not executed in your state.”
In 2002, a Georgia state court found that Warren Hill was mentally retarded based on evidence. That same year, the United States Supreme Court in Atkins v. Virginia banned the execution of mentally retarded defendants because of the “special risk of wrongful execution.”
Since Hill’s conviction, several members of the jury have also stated that they would not have given him the death penalty if life without the possibly of parole had been an option.
The full text of the letter to the Georgia State Board of Pardons and Paroles is below:
Dear Georgia State Board of Pardons and Paroles,
On behalf o the NAACP we are writing to request clemency for Warren Hill and to ask that his death sentence be commuted to life without parole. As you are aware, Mr. Hill has been deemed to have mental retardation by every physician who has examined him based on his IQ level and other significant adaptive deficits. This week at the NAACP 104th Annual Convention in Orlando, FL, the approximately 2,200 delegates passed a resolution advocating for clemency for Mr. Hill and urging that no state across this country executes individuals who are deemed mentally retarded.
In 2002, a Georgia state court, convinced by the evidence, found Warren Hill to be mentally retarded based on the preponderance of the evidence. That same year, the United States Supreme Court banned the execution of mentally retarded defendants because their unique disability places them at “special risk of wrongful execution.” Atkins v. Virginia 536 U.S. 304 (2000).
The execution of Mr. Hill would be contrary to the U.S. Supreme Court ruling in Atkins banning the execution of persons with mental retardation. Hence, executing Mr. Hill would be a form of cruel and unusual punishment and against the Constitution of the United States. And as you are aware, several members of the jury who sentenced Mr. Hill have since stated under oath that they would not have given him the death penalty at trial if life without the possibility of parole had been an option. Also critical is the fact that the family of Warren Hill’s victim – the people who suffered most – has requested mercy for Warren Hill.
The execution of Warren Hill would not only go against our basic constitutional principles but would be a dark stain on the Georgia system of justice. We therefore ask that you use your power to prevent injustice and ensure that a man with mental retardation is not executed in your state.
If there is anything the NAACP can do to further clarify this urgent request, please contact Dr. Niaz Kasravi at (410) 336- 2642 or nkasravi@naacpnet.org.
Sincerely,
Benjamin Todd Jealous
President and CEO
NAACP
