Governor’s statement on Christopher Scott Emmett

News release
Published: July 25, 2008

Gov. Timothy M. Kaine issued the following statement Thursday on the scheduled execution of Christopher Scott Emmett by the Commonwealth of Virginia.

“In October 2001, Christopher Scott Emmett was found guilty by a jury and sentenced to death for the capital murder of John Fenton Langley, one of his co-workers, in the commission of robbery.  The trial court sentenced Emmett in accordance with the jury’s verdicts and entered the sentencing order on December 20, 2001.

“Emmett voluntarily waived his right to appeal certain aspects of his conviction and sentencing.  His case was, however, subject to mandatory review by the Supreme Court of Virginia.  In addition, his conviction and sentencing were reviewed through habeas proceedings at both the state and federal levels.

“On June 13, 2007, the United States Supreme Court denied a stay of execution, but four justices voted in support of a stay.  At that time, I granted a temporary reprieve so that the Supreme Court would have an opportunity to determine whether or not it would grant certiorari in Emmett’s case.  On October 1, 2007, the Supreme Court decided not to grant certiorari.

“On October 17, 2007, the Supreme Court granted a stay of Emmett’s execution pending the Court’s review of the constitutionality of using lethal injection as a method of execution.  That review took place in the Baze v. Rees case, which resulted in a Court decision on April 16, 2008, upholding the constitutionality of lethal injection as a method of execution.  In May 2008, the Court lifted its stay of Emmett’s execution.

“Emmett’s trial, verdict, and sentence have been reviewed in detail by various state and federal courts, including the Supreme Court of Virginia, United States District Court for the Western District of Virginia, the United States Court of Appeals for the Fourth Circuit, and the United States Supreme Court.

“Emmett’s challenge to Virginia’s lethal injection procedures has been reviewed and rejected by the U.S. District Court for the Eastern District of Virginia and the U.S. Court of Appeals for the Fourth Circuit.  Emmett has not sought further review by the U.S. Supreme Court with respect to that challenge.

“Having carefully reviewed the petition for clemency and judicial opinions regarding this case, I find no compelling reason to set aside the sentence that was recommended by the jury, and then imposed and affirmed by the courts.

“Accordingly, I decline to intervene.“