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Following Biden’s Commute of Federal Death Row Sentences, District Attorneys Consider State Charges


Several district attorneys are contemplating charges against former death row inmates whose sentences were commuted by President Biden. Notably, Louisiana’s prosecutor has successfully indicted Thomas Steven Sanders for first-degree murder related to the 2010 death of a 12-year-old girl. Although Biden recently reduced Sanders’ federal death sentence to life without parole, state law allows for a new death sentence if he is convicted.

Prosecutor Brad Burget criticized Biden’s clemency decision, asserting that it disrespected the victim. This push for recharging follows a prior directive from former President Trump, who urged the enforcement of capital punishment laws, specifically concerning individuals like those whose sentences Biden commuted.

Several other district attorneys are reviewing their cases involving these inmates. For instance, South Carolina’s prosecutor is assessing charges related to murder cases involving Brandon Basham and Chadrick Fulks, while another involves Brandon Council. Decisions are still pending in these cases.

In Missouri, the St. Louis Circuit Attorney’s Office evaluated cases against Billie Allen and Norris Holder but decided against further prosecution, citing no enhanced public safety benefits. Similarly, Texas’ Tarrant County District Attorney found no viable case against Julius Robinson, another former death row inmate.

Experts note the complexity of pursuing state charges for federally prosecuted crimes, especially considering that many of the crimes occurred in states with either moratoriums on the death penalty or abolished capital punishment altogether. Challenges include resource limitations and the feasibility of securing death sentences after long intervals. Critics express concern about the financial burden on public defense systems and the potential misuse of taxpayer funds.

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