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Arkansas Supreme Court Decision Allows New DNA Testing in Case of the ​“West Memphis Three,” Convicted of Killing Three Children in 1993

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On April 18, 2024, the Arkansas Supreme Court decided 4-3 to reverse a 2022 lower court decision and allow genetic testing of crime scene evidence from the 1993 killing of three eight-year-old boys in West Memphis. The three men convicted in 1994 for the killings were released in 2011 after taking an Alford plea, in which they maintained their innocence but plead guilty to the crime, in exchange for 18 years’ time served and 10 years of a suspended sentence. 

India: President rejects mercy pleas of Nithari killer, 5 others

It's the gallows for Nithari serial killer Surinder Koli and 5 other death row convicts with President Pranab Mukherjee rejecting their mercy petitions as advised by the home ministry. The files relating to the 5 mercy pleas, 1 of which involves 2 sisters, were cleared by the President and returned to the home ministry last week.

Sources indicated that the home ministry has already written to the states concerned - Maharashtra (from where 2 petitions relating to 3 convicts were received), UP, Madhya Pradesh and Assam (1 case each) - to set in motion the process of execution of the death row convicts.

Apart from Koli, awarded death in the bone-chilling case of abduction, abuse and murder of several minors in Noida's Nithari village, the others whose clemency pleas were rejected are Renukabai and Seema, 2 sisters from Maharashtra convicted of kidnapping and brutally murdering several children; Rajendra Prahladrao Wasnik of Maharashtra, convicted of raping and murdering a minor girl; Jagdish of Madhya Pradesh who killed his wife and 5 children; and Holiram Bordoloi of Assam, who had burnt 2 people and hacked another to death in public in 1996.

Union home minister Rajnath Singh had recommended to the President on June 18 to reject the mercy petitions in all 5 cases.

Though the 6 death row convicts may still challenge the rejection of their mercy petition, the gap of 3 years and less between upholding of death sentence by the apex court and scrapping of clemency plea in three cases may not qualify for relief.

The Supreme Court had in February this year commuted the death sentences of 15 death row convicts to life imprisonment on grounds of inordinate delay - which it did not quantify, though in the relevant cases it ranged from 7 to 11 years - and mental illness.

Incidentally, the government has decided to file a curative petition in the Supreme Court seeking reconsideration of the February order.

Koli, in any case, may have little room for judicial reprieve on grounds of delay as his death sentence was confirmed only in 2011. The same fate may await Wasnik, whose death sentence was confirmed by the Supreme Court in 2012, and Jagdish, whose capital punishment was upheld in 2009.

As for the other cases, the death penalty for the 2 sisters was confirmed by the Supreme Court in 2006 and that Holiram Bordoloi in 2005. It will be interestingly to see whether this is viewed as "inordinate" delay on part of the Executive in deciding their mercy pleas.
 
Source: The Times of India, July 19, 2014

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