Preceding to Governor Henry’s clemency approval, momentum had built in Oklahoma to see Mr. Smith spared. In a statement, the Governor said:
“I am very respectful of a jury’s verdict, the prosecutors who tried the case and the victim’s family who suffered because of the crime. However, after reviewing all of the evidence and hearing from both prosecutors and defense attorneys, I decided the Pardon and Parole Board made a proper recommendation to provide clemency and commute the death sentence.”
Given the Governor’s stated respect for the jury and the victim’s family, and given that those arguing for clemency included six trial jurors and the victim’s brother, this grant of clemency may not be too surprising.
Henry has now granted clemency to three death row inmates. On four other occasions, he has rejected clemency recommendations from the Oklahoma Pardon and Parole Board, and there have been 37 executions in Oklahoma during his term as Governor.