Several district attorneys are considering charging former death row inmates whose sentences were commuted by President Biden after a White House executive order encouraged such actions. A notable case is that of Thomas Steven Sanders, charged with first-degree murder in connection with the 2010 death of a 12-year-old girl in Louisiana. Although Biden recently commuted Sanders’ federal death sentence to life without parole, state law allows for a potential reimposition of the death penalty.
Catahoula Parish prosecutor Brad Burget expressed disagreement with Biden’s clemency decision, stating it disrespects the victim. This decision follows an executive order from former President Trump advocating for strict adherence to capital punishment laws and emphasizing actions against individuals with recently commuted sentences.
Prosecutors from other regions, including South Carolina and Missouri, are also reviewing cases involving recently resentenced inmates. In South Carolina, district attorney Jimmy Richardson has two cases under consideration, but no final decisions have been made yet. Meanwhile, the St. Louis Circuit Attorney’s Office determined that pursuing additional charges against two inmates would not enhance public safety. Similarly, the Tarrant County District Attorney’s Office in Texas found that another case was not viable for capital murder prosecution.
Experts note that pursuing state charges on cases already prosecuted federally can be complex. Indeed, some of the crimes occurred in states with moratoriums on the death penalty or on federal lands, complicating jurisdiction.
Concerns have been raised about the costs and resources involved in attempting new trials for these cases, particularly given the rural background of some parishes, which may lack the capacity for capital trials. Louisiana Attorney General Liz Murrill has expressed support for these prosecutions and is prepared to assist local prosecutors navigating this complicated legal landscape.
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