Skip to main content

Idaho parole board recommended sparing an inmate from death row. Gov. Little denied it

Idaho will once again pursue executing an inmate for the 1st time in almost a decade.

The state’s parole board backed reducing a convicted killer’s death sentence to life in prison, but Gov. Brad Little immediately rejected their recommendation.

The Commission of Pardons and Parole announced the ruling Thursday evening on its website, ending a month of speculation over the fate of double-murderer Gerald Pizzuto. It was just the second time the state’s parole board had recommended clemency for a death row inmate since the state reinstituted capital punishment in 1977.

The seven-member board voted 4-3 in favor of recommending clemency, according to Little in a statement. Such deliberations are held behind closed doors and normally restricted from public release, per state law.

“The severity of Pizzuto’s brutal, senseless and indiscriminate killing spree strongly warrants against commutation,” Little said in the statement. “Therefore, I respectfully deny the commission’s recommendation so that the lawful and just sentences for the murders of Berta and Del (Herndon) can be fully carried out as ordered by the court.”

The parole board, meanwhile, said in a statement that it made its decision with the intention of granting mercy over Pizzuto’s failing health and declining intellectual abilities.

“This decision is not based on any doubt or question about Mr. Pizzuto’s guilt or the horrific nature of his crimes,” the parole board’s statement reads. “Mr. Pizzuto has served 35 years in prison and his physical condition, as well as the fact that he will never be released from prison, leaves him as very little threat to others.”

Once the parole board makes a recommendation for clemency, the governor has 30 days to make a decision or leave it unaddressed and maintain an inmate’s current death sentence, under state law. However, Little made his choice on the same day.

A spokesperson for the Republican governor declined to comment, pointing an Idaho Statesman reporter back to Gov. Little’s statement denying clemency to Pizzuto. A spokesperson for the Attorney General’s Office, which argued to maintain Pizzuto’s death sentence at his clemency hearing, also declined comment Thursday evening, citing ongoing litigation.

The Idaho Department of Correction offered no comment on the ruling and Little’s decision through spokesperson Jeff Ray. The parole board had no further comment beyond its statement, said Ray, who also is functioning as the board’s spokesperson on the matter of Pizzuto’s clemency.

The parole board published its ruling and Little’s decision just before close of business at 5 p.m. on Thursday ahead of a three-day weekend. Friday is the observed government holiday for New Year’s Day.

The state will likely begin preparing to again end the terminally ill prisoner’s life by lethal injection. Pizzuto also has several active appeals that his legal team filed in state and federal courts. The U.S. Supreme Court declined earlier this month to hear a case challenging Pizzuto’s fitness for capital punishment based on arguments over his diminished intellectual capacity.

Pizzuto, 65, has remained on death row for more than 35 years for the murders of Berta and Del Herndon, who were visiting a remote cabin north of McCall to prospect gold in the summer of 1985. He has avoided execution 3 times over that period, including in May, when a stay of execution was issued upon the granting of his clemency hearing. Pizzuto’s health has declined rapidly in the past few years from several illnesses, including late-stage bladder cancer. He is now confined to a wheelchair and has been under hospice treatment for about 2 years.

Attorneys with the nonprofit Federal Defender Services of Idaho representing Pizzuto sought mercy from the state’s parole board given their client’s fading health. They also posed arguments in their petition and at the Nov. 30 clemency hearing about what they called Pizzuto’s abhorrent childhood riddled with abuse — physical as well as sexual — at the hands of his stepfather before their client himself turned to a life of violent crime.

The legal nonprofit criticized Little’s decision.

“We are devastated and heartbroken that the governor, showing no mercy whatsoever, so casually and quickly rejected the commission’s well-reasoned and thoughtful recommendation that Mr. Pizzuto deserves clemency,” Deborah Czuba, supervising attorney for the Federal Defenders’ unit that oversees death penalty cases, said in a statement. “We had hoped the governor would follow the lead of the commissioners, and commit Idaho to a higher ideal by sparing Mr. Pizzuto an unnecessary execution based on his impending natural death from terminal disease and his deteriorating mind.”

The parole board’s decision comes 3 weeks to the day since the nation’s last execution, when Oklahoma ended the life of a 79-year-old death row inmate on Dec. 9. The state’s parole board voted in November to recommend that Gov. Kevin Stitt spare the life of the man convicted of a 1985 murder, and convert his sentence to life in prison.

However, Oklahoma’s Republican governor declined to step in, and the U.S. Supreme Court also chose not to provide a requested last-minute stay of execution. The state has been under intense scrutiny for several botched executions, most recently including one in October when an inmate began to convulse and vomit as the lethal injection drugs were administered.

“Clemency decisions are always made against the backdrop of political realities. And the political reality is that support for the death penalty is declining across the country,” Robert Dunham, executive director of the Death Penalty Information Center, told the Statesman in an interview. The Washington, D.C.-based nonprofit takes no position on the use of capital punishment.

“As the public loses faith in the death penalty judicial process, clemency becomes the only viable mechanism to avoid gross injustices,” he added. “That has some impact on some clemency boards, and that has some impact on some governors.”

IDAHO INCLUDED IN NATIONAL DEATH ROW DEBATE


Eleven death row inmates have been executed in the U.S. this year, according to Death Penalty Information Center data, including three federal prisoners in January under the watch of Republican President Donald Trump. On July 1, after Democratic President Joe Biden took office, the Justice Department issued a moratorium on federal executions. The decision restored a prior prohibition on federal executions that ended in July 2019 during the Trump administration, with the first federal execution in 17 years taking place in July 2020.

8 inmates, including Pizzuto, remain on Idaho death row. Following Little’s decision, Pizzuto may still wind up the first death row inmate executed by the state since summer 2012. Richard Leavitt, 53, was the last prisoner executed in Idaho, by lethal injection in July 2012, for the 1984 murder of a 31-year-old Blackfoot woman. 8 months earlier, in November 2011, the state executed convicted triple-murderer Paul Rhoades, 54, also by lethal injection.

Prior to Rhoades’s execution, the state hadn’t put a prisoner to death in 17 years. The January 1994 execution of convicted double-murderer Keith Wells, 31, was the 1st time Idaho employed lethal injection after adopting it as its preferred method in 1982.

Idaho hung death row inmates before then, last doing so in 1957. Death by firing squad also remained on the books until 2009, said Jeff Ray, spokesperson for the Idaho Department of Correction. The department considered asking lawmakers to reinstate the firing squad option as recently as 2014, but the concept didn’t move forward.

STATE COMPENSATES WRONGFULLY CONVICTED


The Idaho parole board’s Thursday ruling also means Pizzuto joins Donald Paradis as the only other death row inmate to obtain a recommendation for clemency in more than 4 decades.

After a 3-2 vote by the parole board, before the state changed the disclosure laws, Paradis received a reduced sentence of life in prison in 1996 from then-Gov. Phil Batt. Paradis was eventually released a free man after his conviction was vacated in 2001 and five years later reached a $900,000 settlement with Kootenai County.

Also in 2001, Idaho death row inmate Charles Fain was exonerated, when DNA evidence cleared him of his 1983 murder conviction after spending nearly 18 years in prison. A decade earlier, in 1991, Fain came within a week of being executed, but was saved by a stay of execution issued by former U.S. Supreme Court Justice Sandra Day O’Connor, according to IDOC records provided to the Statesman.

Forensic evidence also was used in 2019 to exonerate Christopher Tapp, an Idaho Falls man convicted of rape and murder in 1998. He was sentenced to 30 years to life in prison, but released in 2017 after 20 years behind bars.

Tapp’s case helped inspire Idaho lawmakers earlier this year to unanimously pass the Wrongful Conviction Act. Little signed the bill into law in March.

The law compensates wrongfully convicted people with $62,000 for each year of past imprisonment, and $75,000 for each year on Idaho death row. In June, Tapp received a $1.2 million payment under the new law, while Fain took home $1.4 million from the state.

Source: Boise State Public Radio News, Staff, December 31, 2021

Idaho | Governor Little won’t commute sick death row inmate’s sentence


Idaho’s governor on Thursday rejected an official recommendation to commute the death sentence of an inmate who is dying of terminal cancer.

Gerald Ross Pizzuto Jr. 65, has been on death row for 35 years after being convicted for the July 1985 slayings of 2 gold prospectors at a cabin north of McCall. His execution had been scheduled for June 2.

The Idaho Commission of Pardons and Parole said Thursday it had asked Gov. Brad Little to commute the sentence to life in prison. The vote was 4 to 3.

In suggesting changing the sentence the panel had cited Pizzuto’s “current medical condition and evidence of his decreased intellectual function.”

Pizzuto has bladder cancer, diabetes and heart disease and is confined to a wheelchair. He’s been on hospice care since 2019.

In a letter Thursday afternoon responding to the commission, Little said he would not commute Pizzuto’s sentence, noting the man committed the Idaho slayings shortly after being released from prison in Michigan where he had been convicted of rape.

“The severity Pizzuto’s brutal, senseless, and indiscriminate killing spree strongly warrants against commutation,” Little wrote.

Pizzuto’s attorneys with the Federal Defender Services of Idaho said in a statement they were grateful for the hard work and thoughtfulness of the commission, and had hoped Little would follow the lead of the commissioners “and commit Idaho to a higher ideal by sparing Mr. Pizzuto an unnecessary execution.”

“We are devastated and heartbroken that the Governor, showing no mercy whatsoever, so casually and quickly rejected the Commission’s well-reasoned and thoughtful recommendation that Mr. Pizzuto deserves clemency,” wrote Deborah Czuba, supervising attorney for the Capital Habeas Unit.

Pizzuto’s defense team will continue to pursue other avenues for “preventing the purely vindictive and wasteful execution of a terminally ill old man,” Czuba wrote.

“Mr. Pizzuto has been punished and in pain nearly every day of his miserable life -- more than 35 years of it wasting away in an isolated cell on death row. Mercy is justified for the crippled, dying man he is now, and a long time coming for the unloved, tortured boy who fell through the cracks,” she wrote.

Clemency requests are rarely granted in the United States, with fewer than two granted each year since 1976 according to the Death Penalty Information Center.

Court records show Pizzuto’s life was marred by violence from childhood. Family members offered gruesome testimony that Pizzuto was repeatedly tortured, raped and severely beaten by his stepfather and sometimes by his stepfather’s friends, and he sustained multiple brain injuries.

Pizzuto was camping with 2 other men near McCall when he encountered 58-year-old Berta Herndon and her 37-year-old nephew Del Herndon, who were prospecting in the area.

Prosecutors said Pizzuto, armed with a .22 caliber rifle, went to the Herndon’s cabin, tied their wrists behind their backs and bound their legs to steal their money. He bludgeoned them both.

Pizzuto is one of eight people on Idaho’s death row.

Idaho has executed 3 people since capital punishment was resumed nationwide in 1976.

Keith Eugene Wells was executed in 1994, Paul Ezra Rhodes was executed in 2011 and Richard Albert Leavitt was executed in 2012.

Source: Associated Press, Staff, December 31, 2021


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Texas | Death Sentence Overturned After 48 Years

The Court of Criminal Appeals ruled Thursday that Clarence Jordan’s punishment was unconstitutional  A death sentence handed down by a Harris County jury in 1978 was overturned Thursday by the Court of Criminal Appeals.  Clarence Jordan, 70, has been on Texas Death Row for almost 50 years, serving out one of the longest death sentences in the nation while suffering from intellectual disabilities and schizophrenia, his attorney told the Houston Press. 

Florida | Tampa Bay man who killed wife, 3 family members sentenced to die

Shelby Nealy will be executed by the state for bludgeoning his wife’s family to death in 2018, a judge decided Friday. During a two-week sentencing trial in July, jurors heard how Nealy, 32, ended a volatile relationship with his second wife by killing her, then murdered her parents and brother a year later in an effort to never be caught. He pleaded guilty to the crimes in 2023. On July 25, the jury of three men and nine women deliberated for about two hours and voted 11-1 that Nealy should be sentenced to death. He stared straight ahead as the verdict was read.

Texas appeals court says another man's confession not enough to reconsider Broadnax execution

The Texas Court of Criminal Appeals said Tuesday it won't consider another man's confession as a reason to pause a scheduled lethal injection in three weeks. James Broadnax was convicted of murdering two Christian music producers in Garland, but his cousin, Demarius Cummings, recently confessed that he was the shooter. University of Texas School of Law Capital Punishment Clinic professor Jim Marcus said the appeals court acts as a gatekeeper for cases meeting criteria to get back in court.

US AG Authorizes Federal Prosecutors to Seek Death Penalty for Three LA Gangsters Charged with Murder

Acting U.S. Attorney General Todd Blanche has directed federal prosecutors in Los Angeles to seek the death penalty against three members of a transnational street gang charged with murdering a former gang member who was cooperating with law enforcement on a racketeering and methamphetamine trafficking case, officials announced Thursday. In a letter to First Assistant U.S. Attorney Bill Essayli on Wednesday, Blanche told prosecutors in the Central District of California they are “authorized and directed” to seek the death penalty against Dennis Anaya Urias, 27, Grevil Zelaya Santiago, 26, and Roberto Carlos Aguilar, 31. All are from South Los Angeles.

Former FedEx driver pleads guilty to killing 7-year-old girl after making delivery at her Texas home

FORT WORTH, Texas — Tanner Lynn Horner, a former contract delivery driver for FedEx, pleaded guilty Tuesday to the 2022 capital murder and aggravated kidnapping of 7-year-old Athena Strand, a move that abruptly shifted the proceedings into a high-stakes punishment phase where jurors will decide between life imprisonment and the death penalty. Horner, 34, entered the plea in a Tarrant County courtroom as his trial was set to begin. The case was moved to Fort Worth from neighboring Wise County last year after defense attorneys argued that pretrial publicity would prevent a fair trial in the community where the girl disappeared.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

North Carolina | “Incapable to proceed”: man who killed Ukrainian refugee Iryna Zarutska ruled incompetent

DeCarlos Brown, accused of stabbing Ukrainian refugee Iryna Zarutska on a Charlotte train, has been found mentally unfit for trial, stalling death penalty proceedings. DeCarlos Brown Jr., accused of fatally stabbing 23-year-old Ukrainian refugee Iryna Zarutska on a Charlotte light rail train in August 2025, has been found mentally incapable of standing trial, according to a court motion filed 7 April in Mecklenburg Superior Court. A 29 December 2025 report from Central Regional Hospital, a state psychiatric facility in Granville County, concluded that Brown was "incapable to proceed to trial," according to the motion filed by his attorney, Daniel Roberts. The evaluation was ordered after Brown's defense raised concerns about his mental state.

China executes Frenchman convicted in 2010 for drug trafficking

Chan Thao Phoumy, a 62-year-old Frenchman born in Laos, was executed, “despite the efforts of the French authorities, including efforts to obtain a pardon on humanitarian grounds for our compatriot”, said a foreign ministry statement. Phoumy, who was born in Laos, had been sentenced to death in 2010 following a conviction for drug trafficking. Despite sustained diplomatic pressure and formal requests for clemency on humanitarian grounds, Chinese authorities proceeded with the capital sentence.  A massive drug manufacturing and distribution operation Chan Thao Phoumy was convicted for his involvement in a massive drug manufacturing and distribution operation that remains one of the largest drug-related cases in Chinese history. Phoumy and his accomplices were convicted of manufacturing approximately 8 tons of crystal methamphetamine between 1999 and 2003.

Saudi Arabia | Seven executed for drug trafficking

Saudi authorities executed seven people who had been convicted of drug trafficking in a single day, state media says. The Saudi Press Agency says five Saudis and two Jordanians were found guilty of trafficking amphetamine pills into the kingdom. “The death penalty was carried out as a discretionary punishment against the perpetrators,” the agency reports, adding that the executions took place on Sunday in the Riyadh region. Since the beginning of 2026, Riyadh has executed 38 people in drug-related cases, the majority of the 61 executions carried out, according to an AFP tally based on official data.

Iran | 23-Year-Old Protester Ali Fahim Hanged; 10 Political Prisoners Executed in 8 Days

Iran Human Rights (IHRNGO); 6 April 2026: State media reported the execution of Ali Fahim, a 23-year-old protester arrested at the 8 January protests in Tehran. He is the fourth defendant in the case to be hanged in five days. His co-defendants Abolfazl Salehi Siavashani, Shahab Zohdi and Yaser Rajaifar are at grave and imminent risk of execution. Condemning Ali Fahim’s execution in the strongest terms, IHRNGO calls on the international community and civil society organisations to react strongly to the daily execution of political prisoners in Iran.