Kernan grants first Indiana clemency since 1977

Gov. Joe Kernan granted clemency to convicted murderer Darnell Williams July 2, marking the first time an Indiana governor has granted clemency since 1977. The decision was based on a number of different factors, including recently discovered evidence and was made seven days before Williams was to be executed.\n"We're pleased and proud of the work that (Kernan) has done," said Juliet Yackel, Williams Attorney. "(Williams) was thrilled. He has always maintained his innocence."\nWilliams and Gregory Rouster were convicted of the murder of John and Henrietta Rease on March 25, 1986 and sentenced to death on two counts. Seventeen years later, Williams is now off death row, currently serving a sentence of life without parole. \nThe clemency decision was the first since the death penalty was reinstated in Indiana, and also shows that the original court decision was wrong.\n"The governor feels that there were reasons to back this decision," said Jonathan Swain, the press secretary for Kernan. "He felt that this was the right decision in the end."\nOn June 29, Williams pleaded his case to a parole board, resulting in a recommendation of clemency to Kernan. The decision was based on three main arguments by Williams. \nThe first dealt with Williams' upbringing and his current IQ of 78, which is three points higher than the legal cutoff of mental retardation. Since the Supreme Court ruled that no one who is mentally retarded could be executed, Williams' mental status was a factor in the clemency decision, said Joe Kernan in a press report released July 2.\n"There is now a requirement for someone's IQ to be factored into sentencing," Swain said.\nThe other main factor considered was that the courts granted clemency to Williams' co-defendant Rouster because of his mental capabilities and IQ test results. Also, due to evidence that stated that Rouster was more culpable in the case than Williams, Kernan felt it would be unjust to execute Williams and not Rouster. \n"Williams has a lot of the characteristics of a person who is mentally challenged," Yackel said. "He had brain damage as a kid and graduated from special education classes."\nNew evidence also factored into the decision, specifically regarding who pulled the trigger and Williams' intoxicated state during his arrest. Since there is doubt in Williams' actual role in the crimes, it was considered unfair to sentence him to death, Kernan said in the press release.\nYackel said original jurors of the case found the new evidence to be very convincing and believed that it may have changed their original decision. As for the victim's family members, the decision did not come as a surprise and was not opposed.\n"I'm happy about this decision," Yackel said. "But our (legal) system still needs to be revaluated." \n-- Contact staff writer C. Warner Sills at csills@indiana.edu .