[Deathpenalty] death penalty news----VIRGINIA

[Rick Halperin]

July 6




VIRGINIA:


Va. governor declines to halt execution of killer whose mental illness spurred 
clemency bid


William C. Morva is scheduled to be executed Thursday night in Virginia, after 
supporters failed to convince Gov. Terry McAuliffe (D) that Morva’s mental 
illness merited clemency and a life sentence in the 2006 murders of a sheriff’s 
deputy and an unarmed hospital security guard.

McAuliffe, who is personally opposed to the death penalty, said he would not 
stop the execution because he is convinced Morva received a fair trial. The 
governor also said in a statement that the jury was fully informed about 
Morva’s mental condition.

“After extensive review and deliberation, I do not find sufficient cause in Mr. 
Morva’s petition or case records to justify overturning the will of the jury 
that convicted and sentenced him,” McAuliffe said in a statement.

As governor, McAuliffe blocked a scheduled execution in April, but has allowed 
two others to proceed.

In seeking clemency, Morva’s attorneys said the jurors who sentenced him to 
death were not told about the severity of his mental illness. His case has 
become part of a larger national effort to eliminate capital punishment for 
people with illnesses like Morva’s delusional disorder.
Attorney Dawn Davison on the grounds of the Virginia State Capitol. She is one 
of the attorneys representing William Morva. (Julia Rendleman/For The 
Washington Post)

Morva, 35, was convicted in 2008 for shooting Cpl. Eric Sutphin and hospital 
security guard Derrick McFarland after Morva escaped from custody.

His clemency effort garnered support from local, national and international 
advocates pressing to stop states from executing people with severe mental 
illnesses. Amnesty International, the ACLU of Virginia and mental health 
organizations delivered more than 30,000 petitions to McAuliffe asking him to 
commute Morva’s death sentence.

More than two-dozen members of the Virginia General Assembly and three of the 
state’s representatives in Congress, all Democrats, also asked McAuliffe to 
block the execution. And on Wednesday, one of the daughter’s of the slain 
sheriff’s deputy said she too had written to McAuliffe supporting clemency for 
the man who killed her father.

Morva is scheduled to be executed by lethal injection at 9 p.m. at the 
Greensville Correctional Center, about 160 miles south of Washington.

Lawmakers in eight states, including Virginia, Ohio and Tennessee, have 
introduced bills that would make people with severe mental illness ineligible 
for the death penalty. Advocates say capital punishment was not intended for 
people who are incapable of distinguishing between delusions and reality.

The legislative proposals address punishment, not guilt or innocence. The 
Supreme Court has already said people with intellectual disabilities and 
juveniles may not be executed because of their diminished culpability.

After years of appeals in state and federal court, the high court declined to 
take up Morva’s case in February.

Elizabeth Morva, his mother, has expressed remorse for her son’s actions and 
said that he has not received the psychological treatment he needed.

“If someone had intervened sooner, I truly believe William would never have 
killed those two men,” his mother wrote in an affidavit in support of her son. 
“But I cannot change the past. I can only say that I am so sorry and ask that 
my son please be spared.”

Mary K. Pettitt, the Montgomery County, Va., Commonwealth Attorney, who helped 
prosecute Morva, told McAuliffe that the jury had sufficient information about 
his mental health and had rendered a fair verdict.

“To assert some 10 years later that all three of the original experts were 
wrong is absurd,” Pettitt wrote in a letter to McAuliffe. “With enough time and 
motivation one can always find an expert to say what you want to hear but that 
doesn’t mean it is true or accurate.”

In her statement on Wednesday, Sutphin’s daughter asked for privacy for the 
families of the victims and said she was speaking only for herself in 
advocating for clemency.

[He's a killer set to die. But his mental illness has set off a new death 
penalty debate.]

Years before the shootings, Morva’s friends and family were concerned about his 
mental health following his decision to drop out of Blacksburg High School. He 
went barefoot in winter, sometimes slept in the woods and told people he had 
special powers and was in training to fight in the wild on behalf of Native 
Americans. Morva’s daily routine became consumed by unusual habits — eating 
large amounts of raw meat and spending hours in the bathroom.

His mental health deteriorated further when he was locked up for a year in jail 
awaiting trial on attempted robbery charges. Morva was convinced that someone 
at the prison was trying to kill him and intentionally withholding medical 
care, he told his mother in a series of phone calls from jail on recorded 
lines.

In August 2006, a deputy escorted Morva to Montgomery Regional Hospital for 
treatment of minor injuries. In the bathroom, Morva knocked the deputy 
unconscious, took his gun and then shot McFarland, the unarmed security guard. 
The next day, he shot Sutphin, the decorated sheriff’s deputy, who was out 
searching for Morva on a wooded trail near the campus of Virginia Tech.

The jury that sentenced Morva to death in 2008 heard from doctors who diagnosed 
him with a personality disorder similar to schizophrenia. They noted his odd 
behavior and that Morva’s maternal grandmother had been treated for 
schizophrenia in the 1950s.

But the doctors told jurors that Morva was not delusional — a determination 
that later was refuted by another doctor and Morva’s new team of lawyers.

Morva’s diagnosis of delusional disorder came during the appeals process and 
after a more in-depth psychiatric evaluation. Morva’s attorney Dawn Davison of 
the Virginia Capital Representation Resource Center has said Morva’s delusions 
prevented him from understanding the crimes he committed.

Morva has not accepted in-person visits from his lawyers and his mother for 
years. He insists they are part of the conspiracy to kill him.

“It is appalling that the jury never learned the full extent of Mr. Morva’s 
mental disability,” said James Clark of Amnesty International USA, one of the 
groups involved in the clemency campaign.

“As more and more states stop using the death penalty, Governor McAuliffe must 
recognize that this cruel punishment should be consigned to the history books 
forever.”

Despite his opposition to capital punishment, McAuliffe has allowed two 
executions to go forward. Ricky Gray was the last Virginia inmate to be 
executed in January for killing two young girls in a brutal 2006 home invasion.

In April, McAuliffe commuted the death sentence of Ivan Teleguz in a 
murder-for-hire case because of what the governor described as a flawed 
sentencing process.

(source: Washington Post)