Statement of Governor Warner on the Scheduled Execution of Bobby Wayne Swisher

Governor Mark R. Warner today issued the following statement on the scheduled execution tonight at 9 p.m. of Bobby Wayne Swisher.

"Bobby Wayne Swisher committed a vile and reprehensible act - an act which I believe justifies the death penalty. Although he admits his guilt, Swisher seeks a new sentencing hearing, arguing that the Supreme Court of Virginia has found the verdict form used to sentence him to death to be fundamentally flawed.

"The Supreme Court ruled on a substantially similar verdict form in another case in April, and subsequently vacated its judgment in that case only a few weeks ago - two separate decisions in the last 75 days which leave the law unclear. In essence, Swisher asks me to apply his reading of Supreme Court precedent to the facts of his case. In light of the recent apparent ambiguity of the law, I believe that in this particular case such a decision is more appropriate for the Supreme Court than for a Governor exercising his clemency power.

"In order to ensure just and consistent application of Virginia's capital punishment statute, Swisher's execution date will be delayed for three weeks, until July 22, 2003, for the sole purpose of allowing Swisher to petition the Supreme Court of Virginia and assert his claim regarding the verdict form. If the Court denies Swisher the relief he seeks - either by rejecting the merits of Swisher's petition or by refusing to consider his petition on procedural or other grounds - the execution will go forward on July 22, 2003. In that event, I will not intervene."