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July 29, 1997
Honorable Pete Wilson
Governor, State of California
State Capitol
Sacramento, California 95814
Re: Clemency for Tom Thompson
Dear Governor Wilson:
I write on behalf of the National Association of Criminal Defense Lawyers to urge you to grant clemency to death row inmate Tom Thompson, whose execution is scheduled for August 5, 1997. We are aware that at least four of California's leading newspapers--the Sacramento Bee, San Francisco Chronicle, San Francisco Examiner and the San Jose Mercury News--have published editorials supporting clemency for Mr. Thompson.
These editorials, as well as several former California and federal prosecutors, have noted serious questions regarding Mr. Thompson's guilt, both of the murder and of the rape special circumstance. He is a fellow with no prior record of convictions or arrests, factors which certainly distinguish him from most inmates on death row. In addition, his co-defendant received a sentence which makes him now eligible for parole. One federal judge granted habeas relief, but was reversed by the Ninth Circuit because of the restraints imposed by the law.
A few years ago, the Supreme Court reminded us that our justice system is fallible, and that executive clemency is the "fail safe." (Herrera v. Collins, 113 S.Ct. 853 (1993) "[e]xecutive clemency has provided the ‘fail safe' in our criminal justice system...It is an unalterable fact that our judicial system, like the human beings who administer it, is fallible.") Last year, the Governor of Idaho courageously stopped the execution of a possibly innocent death row inmate by granting clemency..
As Governor, you are not bound by the rigid standards that restrain the discretion of the courts, and can act as the "fail safe" described by Justice Rehnquist. You can consider factors the courts cannot--including questions regarding his guilt, the disparity in sentencing between Mr. Thompson and his co-defendant, the lack of any criminal record for Mr. Thompson and his record of good behavior in prison. A grant of clemency does not demean the loss suffered by the family of Ginger Fleischli; it is, plain and simply, the only fail safe that can stop the execution of a man who may well be innocent.
We urge you to act with courage and mercy, to recognize the limitations of our court system, and to grant clemency to Tom Thompson.
Sincerely,
Judy Clarke
National Association of Criminal Defense Lawyers (NACDL)