Gov. Bob McDonnell has turned down a request to intervene in Thursday's scheduled execution of Darick Demorris Walker, leaving the U.S. Supreme Court as his last hope to avoid death by injection.
Walker, 37, was convicted in 1998 of shooting two men to death in Richmond in front of loved ones. State law permits the death penalty for someone who commits two premeditated murders within three years.
Walker's lawyers have asked the U.S. Supreme Court to grant a stay of execution so it can consider his appeals. He is set to die by injection Thursday at 9 p.m. at the Greensville Correctional Center in Jarratt.
Walker was convicted of the Nov. 22, 1996, slaying of Stanley Beale, 36, and the June 19, 1997, slaying of Clarence Elwood Threat, 34. Both men were shot to death after their apartment doors were kicked in.
In a prepared statement yesterday, McDonnell said, "Walker's attorney recently submitted a letter listing the reasons why I should intervene in this execution. I have read the letter and considered the reasons set forth.
"Walker's trial, verdict and sentence have been reviewed by state and federal courts, including the Supreme Court of Virginia, the United States District Court for the Eastern District of Virginia, the United States Court of Appeals for the Fourth Circuit, and the United States Supreme Court," McDonnell said. "I find no compelling reason to set aside the sentence that was rendered by the jury and imposed and affirmed by the courts."
In papers filed with the U.S. Supreme Court, Walker's lawyers contend his joint trial for the unrelated murders, "exposed him to the serious risks that two weak cases would bolster one another, and that the jury might convict based on a presumed propensity for crime."
In addition, Walker's lawyers say authorities improperly withheld evidence that could have challenged the credibility of a key witness. Beale's 13-year-old daughter, who told police she heard but did not see the shooter, testified that she saw Walker shoot her father.
Walker's lawyers did not learn of the girl's earlier statements until after the trial.
Walker also argues that he is mentally retarded and therefore ineligible for the death penalty. A split panel of the 4th U.S. Circuit Court of Appeals held that Walker had not proved that he fit the legal definition for mental retardation.
Danielle Spinelli, one of Walker's lawyers, said this month, "We very strongly believe that the death penalty may not legally be imposed in Mr. Walker's case in light of his documented mental deficiencies and the pervasive constitutional violations that occurred during his trial and sentencing."
The Virginia attorney general's office is asking the U.S. Supreme Court to allow the execution, arguing that Walker already has had a "staggering" number of appeals.
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