Three former Virginia attorneys general urge commutation of death sentence for Ivan Teleguz

The letter dated Tuesday from Mark Earley, Mary Sue Terry and William Broaddus begins: “We would like to add our voices to those calling for you to commute the sentence of Ivan Teleguz. As former attorneys general of the commonwealth of Virginia — under both Republican and Democratic administrations — we are familiar with the difficult decision before you when asked to spare the life of a death-sentenced prisoner.”

The letter continues, “We know that as you make this difficult decision, you undoubtedly will keep in mind the memory of Stephanie Sipe and that there can be no accounting for the senseless brutality of her murder. In our view, however, justice cannot be served by executing a prisoner in a case replete with unreliable investigative techniques, coercive tactics by both law enforcement and the prosecution, recantations of key trial witnesses and consideration of false testimony in support of a death sentence. In short, we believe this to be precisely the kind of case that calls out for executive clemency.”

Earlier this month, lawyers for Teleguz filed a clemency request with McAuliffe. Marsha L. Garst, the commonwealth’s attorney for Rockingham County, has declined to comment on the case, noting that the issues have been tried and decided in local, state and federal courts.

The Virginia Attorney General’s Office referred questions to the governor’s office. A McAuliffe spokesman said Wednesday, “Mr. Teleguz’s petition is under review in the governor’s office and we will comment when that review is complete.”

Teleguz, 38, was sentenced to death for the 2001 capital murder of Stephanie Yvonne Sipe, the mother of their 23-month-old son. Sipe was stabbed to death in her Harrisonburg apartment. Trial evidence showed that Teleguz was angry that he had been ordered to pay child support.

He hired two men to kill Sipe for $2,000 and drove them from Pennsylvania, where Teleguz had moved. Sipe was stabbed to death. 

Her body was discovered by her mother, Pamela Y. Woods, who had not heard from Sipe for two days. Woods found her daughter's body in the front room and her grandson in a bathtub full of water, unharmed. A neighbor took Woods and her grandson out of the apartment.

According to the Death Penalty Information Center, Virginia and Oklahoma are tied for the second most executions in the U.S. — at 112 — since the U.S. Supreme Court allowed capital punishment to resume in 1976. Texas, at 542, leads the country.

Teleguz’s lawyers argue that the new evidence pointing to his innocence has never been fully examined by the courts.

They say two prosecution witnesses admitted “that they testified falsely in exchange for leniency in their own cases, and have no reason to think Teleguz was involved in the murder-for-hire.”

His lawyers say that one of the witnesses has been deported, and the other was told he would lose his release date set for next year if he went back on his testimony.

The jurors also relied on false testimony that Teleguz was involved in an additional murder in Pennsylvania. Investigation since the trial by law enforcement and by the defense has confirmed that the murder never happened. The lawyers contend the only evidence remaining against Teleguz is the testimony of Michael Hetrick, the actual killer who was spared the death penalty.

His lawyers said the clemency petition details why his testimony is not credible or reliable. A Change.org petition in support of clemency has been signed by more than 114,000 people, and Teleguz also has submitted written requests for clemency from thousands of supporters.

In a release Wednesday, The Constitution Project said the three former attorneys general collectively oversaw the execution of more than 50 prisoners while they were in office.

Since leaving office, both Earley and Broaddus have come to oppose the death penalty.

The last time a Virginia governor granted clemency on the grounds of possible innocence appears to have been in 1996, when then-Gov. George Allen commuted the death sentence of Joseph Payne to life in prison without parole, according to the Death Penalty Information Center.

Virginia governors have granted clemency eight times since the death penalty was allowed to resume by the U.S. Supreme Court in 1976.

Gov. L. Douglas Wilder commuted three death sentences; Allen commuted two; and Govs. Jim Gilmore, Mark Warner and Tim Kaine each commuted one. According to the Death Penalty Information Center, possible innocence was cited in four of the commutations, mental illness in two, rehabilitation in one and missing evidence in one.

In the cases in which innocence was claimed, the governors initially commuted the death sentence to life in prison.

In the case of Earl Washington Jr., who once came within nine days of execution, subsequent DNA testing proved his innocence of a 1982 rape and murder in Culpeper. He was granted an unconditional pardon in 2000. The real killer, implicated by DNA, has since been convicted.