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理查德·摩尔的律师辩称,麦克马斯特无法就摩尔是否应被判处终身监禁做出公平、公正的决定。
South Carolina Gov. Henry McMaster cannot fairly decide whether to commute the sentence of Richard Moore, a death row inmate scheduled for execution on Nov. 1, because McMaster was the state’s chief prosecutor who fought to keep Moore on death row, Moore’s attorneys argued in a lawsuit filed Monday.
摩尔的律师在《南卡罗来纳州州长亨利·麦克马斯特 (Henry McMaster) 无法公正地决定是否对计划于 11 月 1 日执行死刑的死囚理查德·摩尔 (Richard Moore) 减刑》中指出,因为麦克马斯特是该州首席检察官,曾为将摩尔留在死囚牢房而奋斗。周一提起诉讼。
The final decision on whether Moore lives or dies should instead go to the state’s pardon and parole board, his attorneys argued in the lawsuit, filed in federal court. They also asked the court to halt Moore’s execution in order to hear out the lawsuit.
摩尔的律师在向联邦法院提起的诉讼中辩称,摩尔生死的最终决定应该由该州的赦免和假释委员会做出。他们还要求法院暂停对摩尔的处决,以便审理诉讼。
A district judge will hear arguments Tuesday on whether to suspend Moore’s pending execution, according to a Thursday court order.
根据周四的法庭命令,地区法官将于周二听取关于是否暂停摩尔待决处决的辩论。
Moore’s attorneys are arguing that McMaster can’t make a fair, unbiased decision as to whether or not Moore deserves life in prison because the Republican governor successfully fought Moore’s appeals while he was the state’s attorney general from 2003 to 2011.
摩尔的律师辩称,麦克马斯特无法就摩尔是否应被判处终身监禁做出公平、公正的决定,因为这位共和党州长在 2003 年至 2011 年担任该州总检察长期间成功驳回了摩尔的上诉。
“For Moore to receive clemency, McMaster would have to renounce years of his own work and that of his former colleagues in the Office of the Attorney General,” Moore’s attorneys wrote.
摩尔的律师写道:“为了让摩尔获得宽大处理,麦克马斯特必须放弃他自己以及他在总检察长办公室的前同事多年的工作。”
Moore’s attorneys also pointed to comments McMaster made in 2022, shortly after the state Supreme Court halted Moore’s pending execution, saying he did not plan to commute Moore’s sentence as evidence that he had already made up his mind.
摩尔的律师还指出,麦克马斯特在 2022 年州最高法院暂停对摩尔执行死刑后不久发表的评论称,他不打算为摩尔减刑,以此作为他已经下定决心的证据。
“The jury made their decision in this particular case,” The State reported McMaster saying at the time. “I’ve seen the record, and there have been many hearings up and down, motions, and this penalty is a very strong response to criminal activity — but it is a necessary response.”
据《纽约州》报道,麦克马斯特当时表示:“陪审团在这个特殊案件中做出了决定。” “我看过记录,也有很多听证会、动议,这一处罚是对犯罪活动的非常强烈的回应——但这是必要的回应。”
Considering those factors, “even a coin toss would undoubtedly offer a fairer procedure,” the lawsuit reads.
诉讼称,考虑到这些因素,“即使是抛硬币无疑也会提供更公平的程序”。
Moore has not yet submitted his request for clemency, the governor’s attorneys said in court filings. No governor in the state has granted a death row inmate clemency since federal courts allowed executions to resume in 1976, according to the Death Penalty Information Center.
州长律师在法庭文件中表示,摩尔尚未提交宽大处理请求。据死刑信息中心称,自 1976 年联邦法院允许恢复执行死刑以来,该州还没有州长对死囚给予宽大处理。
Allowing the parole board to decide whether or not to give Moore clemency would essentially be rewriting state law, the governor’s attorneys replied. The state constitution gives the governor the ability to commute a prisoner’s death sentence to life in prison. A governor can refer his decision to the parole board, but nothing in state law requires it, McMaster’s attorneys argued.
州长的律师回答说,允许假释委员会决定是否给予摩尔宽大处理,本质上是重写州法律。州宪法赋予州长将死刑犯减刑为终身监禁的权力。麦克马斯特的律师辩称,州长可以将他的决定提交给假释委员会,但州法律没有任何要求。
“Whatever the Governor ultimately decides, that decision is his alone,” their filing reads.
他们的文件中写道:“无论州长最终做出什么决定,这个决定都是他一个人做出的。”
Other courts have allowed other governors who also served as attorney general to decide whether or not to grant clemency, the governor’s attorneys argued. And with attorneys general often going on to become governor, saying they could not decide whether to grant clemency “makes no sense,” the governor’s attorneys argue.
州长的律师辩称,其他法院允许兼任总检察长的其他州长决定是否给予宽大处理。州长的律师辩称,随着总检察长经常成为州长,他们无法决定是否给予宽大处理“毫无意义”。
“If Moore has his way, every time a State elects an attorney general as governor, the State will upend its constitutionally prescribed clemency process,” the filing reads.
文件中写道:“如果摩尔如愿,每次一个州选举总检察长担任州长时,该州就会颠覆宪法规定的宽大处理程序。”
Although McMaster was attorney general during most of Moore’s appeals process, he was not in that office when Moore was convicted and sentenced in 2001 for killing a Spartanburg gas station worker two years prior. Nor was McMaster attorney general when Moore’s appeals hearings began in 2011, the governor’s attorneys argued.
尽管麦克马斯特在摩尔上诉过程的大部分时间里担任总检察长,但当摩尔因两年前杀害一名斯巴达堡加油站工人而于 2001 年被定罪并被判刑时,他并不在司法部长的办公室。州长律师辩称,2011 年摩尔上诉听证会开始时,麦克马斯特总检察长也不在。
As for McMaster’s previous comments on Moore’s case, that shouldn’t keep him from deciding on Moore’s sentence, his attorneys argued.
麦克马斯特的律师认为,至于麦克马斯特之前对摩尔案件的评论,这不应阻止他对摩尔的刑期做出决定。
In other states, governors have given blanket statements that they will not consider clemency for any death row inmates. Courts have decided those statements should not keep a governor from making that decision, even though they had clearly made up their minds before receiving the actual petitions, McMaster’s attorneys wrote.
在其他州,州长们发表了笼统声明,称他们不会考虑对任何死囚实行宽大处理。麦克马斯特的律师写道,法院已经决定,这些声明不应阻止州长做出决定,尽管他们在收到实际请愿书之前就已经明确下定了决心。
Last month, before the state’s first execution in more than 13 years, McMaster was less forthcoming about his decision, telling reporters he would announce it only when after receiving the final call minutes before the scheduled execution.
上个月,在该州13年多来首次执行死刑之前,麦克马斯特对自己的决定不太愿意透露,他告诉记者,他只有在预定执行死刑前几分钟接到最后电话后才会宣布这一决定。
Still, he suggested he would not grant Freddie Owens clemency, and he did not. His office released his written denial moments before Owens was executed Sept. 20.
尽管如此,他表示他不会对弗雷迪·欧文斯宽大处理,他也没有这样做。 9 月 20 日,在欧文斯被处决之前,他的办公室发布了他的书面否认声明。
McMaster’s staunch support for the death penalty and his background as a prosecutor did not keep him from carefully considering Owens’ application for clemency, his attorneys wrote.
麦克马斯特的律师写道,麦克马斯特对死刑的坚定支持以及他作为检察官的背景并没有阻止他仔细考虑欧文斯的宽大处理申请。
“That the Governor ultimately decided not to commute Owens’s death sentence does not mean the Governor will not diligently review each inmate’s petition,” the filing reads.
文件中写道:“州长最终决定不对欧文斯减刑,并不意味着州长不会认真审查每位囚犯的请愿书。”
Moore is one of five inmates expected to be executed over the next five months, at intervals of at least five weeks. Moore’s execution is set to occur six weeks after Owens died. There was a one-week delay in Moore’s death warrant, since the courts were closed due to Tropical Storm Helene on the first Friday after Owens’ execution.
摩尔是预计在未来五个月内被处决的五名囚犯之一,每间隔至少五周。摩尔的处决定于欧文斯死后六周进行。由于欧文斯被处决后的第一个星期五,法院因热带风暴海伦而关闭,摩尔的死刑令推迟了一周。
The process resumed after the state Supreme Court ruled in July that firing squad and
州最高法院于 7 月裁定行刑队和
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