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Crime & Courts

Civis Advocatus: Richard Moore’s Death Sentence Should Be Commuted

“A question of proportionality, prejudice and political motivation…”

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by CIVUS ADVOCATUS

On November 1, 2024, Richard Bernard Moore is scheduled to die. If the State of South Carolina chooses to move forward with his execution, Mr. Moore would be the first person executed in modern history who was initially unarmed and defending himself when threatened.

As a society, we value justice and believe punishments should be applied fairly – without regard to race, status, or political ambition. Yet, when we look closely at the case of Richard Moore – a black man who has spent 20 years on death row after an all-white jury sentenced him to die – against the backdrop of a highly contentious political race, we must question whether death is justice. And as a society, we have the opportunity to look inward and answer the question, “Who do we want to be?”

Prosecutors wield immense power, yet they are also often politically vulnerable, pressured to show toughness on crime as a metric of success. Here, it appears as though political ambition overshadowed the pursuit of fairness and justice, making a death sentence more about public image than about the facts of Richard’s case.

Richard’s case was prosecuted by an elected solicitor who was politically incentivized to seek the death penalty. At the time, two candidates were campaigning for the position of S.C. seventh circuit solicitor – the top prosecutor for Spartanburg County. During the campaign, the two candidates publicly sparred over who was “tougher on crime.“ The defeated incumbent solicitor sought the death penalty in Richard’s case before he left office, leaving the newly-elected solicitor to choose between pursuing death in Richard’s case (despite it containing facts typically unsuitable for death penalty consideration), or instead pursuing a sentence of life in prison. The latter choice meant the incoming solicitor would being perceived as weak on the death penalty and soft on crime — two allegations his primary opponent leveled against him during the campaign.  

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In addition to concerns about proportionality and racial bias, the politically charged context of the decision to pursue the death penalty casts a shadow over the entire case. The newly-elected solicitor’s decision to press for the ultimate punishment — despite the fact Mr. Moore was unarmed when he entered the store — demands scrutiny and raises grave concerns about fairness. Even advocates of capital punishment agree it should be reserved for cases with clear, irrefutable evidence of guilt and a conscious decision to harm others.

Does Richard’s sentence represent justice? Or does it reflect societal prejudice? In Richard’s case, there is ample reason to question the proportionality of the punishment, the influence of racial prejudice, and the motivation of the prosecutor. Two political candidates were competing for the powerful position of head prosecutor, each challenging the other in a flex to show who was bigger, badder, and tougher. Caught in the crossfire of this competitive energy, we find Richard — who committed a terrible crime, but whose life was thrust into the center of this ego contest.

The decision of whether to seek death in a case should be made by prosecutors who are humble, disciplined, and measured enough to put aside ego – or personal or political gain. They should instead fairly and soberly weigh the interests of justice and society. The decision to pursue a death sentence should not be made with emotion, and certainly not with ego. Just because we can, doesn’t mean we should.

There is no doubt Richard Moore took a life. His is not a case like many we have seen on the news in recent years. There is no new evidence or DNA or questions surrounding his guilt. It is a question of proportionality, prejudice, and political motivation. Is this the type of case that warrants death? Would a different prosecutor in a different situation have made a different decision today? Do we as a society feel justified in taking Richard’s life simply because he took the life of someone else? Does it matter that he was unarmed? Does it matter what he has done in the years following his crime?

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RELATED | SOUTH CAROLINA’S DEATH PENALTY IS BACK

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Richard has served 20 years on death row, during which time he has been a model inmate, a dedicated father to two extremely bright and successful adult children, and now a loving grandfather. He has, by all metrics, embodied the religious concepts of repentance and returning to faith. Not only has Richard accepted responsibility, expressed remorse and acknowledged the unimaginable pain he caused to his victim’s family, he has made the decision to live a life that makes a positive difference in the lives of others. He has gone beyond repentance and has built a life of meaning – even in the face of hopelessness.

When the stakes are this high – and when the punishment irreversible – there is no room for error. We ought to be absolutely certain we are doing justice. In Richard’s case, there are simply too many factors that prompt hesitation and demand further scrutiny.

Killing Richard will no more safeguard the community or deter future crime than it will bring back Richard’s victim. But allowing Richard to live will allow us, as a society, to demonstrate a commitment to justice that is proportional, fair and untainted by the bias of race or political gain.

Many would argue that the death penalty erodes our collective humanity — that when our government takes a life, it sends the message that killing is an acceptable response to wrongdoing, perpetuating a cycle of violence. True justice should focus on rehabilitation and restorative approaches that can lead to healing rather than perpetuate suffering. By sparing Richard’s life, we can affirm the intrinsic value of every human life and commit to a more compassionate and just society.

BANNER VIA: S.C. Department of Corrections

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ABOUT THE AUTHOR …

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Civis Advocatus is a South Carolina attorney dedicated to truth, justice, and fairness in administering the laws of our state and our nation.

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6 comments

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The Colonel Top fan October 28, 2024 at 12:57 pm

You left a lot out of your defense of Mr. Moore:
He had multiple felony convictions before this incident involving robbery, weapons, and assault and battery. He beat one man so badly he was hospitalized and then repeatedly kicked his girlfriend, Michelle Crowder, in the head while robbing her. He assaulted and robbed Valerie Wisniewski while she was working in her shoe store. There is at least 1 other assault and battery of a high and aggravated charge that he plead guilty to out there from another attack on a woman.

In the assault, robbery and murder of James Mahoney, the store clerk of the “zippy mart” that Moore chose to rob, he killed James Mahoney and tried to kill Terry Hadden, a customer in the store. After killing Mahoney and trying to kill Hadden, he stole $1,400 and dripping blood from his gun fight with Mahoney he headed off to buy some crack cocaine.

It’s pretty easy to be a model prisoner when you’re locked down and under supervision 24 hours a day. It’s very difficult to be a “dedicated father to two extremely bright and successful adult children, and now a loving grandfather” from prison – in fact, I would submit that it’s probably the fact that he was in prison that allowed his children to be successful.

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CongareeCatfish Top fan October 28, 2024 at 3:25 pm

The death penalty, assuming it is properly applied to an indisputably guilty defendant, does not “perpetuate a cycle of violence” – particularly when the defendant has a long preexisting violent rap sheet, as the Colonel appears to point out. The death penalty most assuredly ends the defendant’s cycle of violence. and while rehabilitation and restoration should be considered for some classes of defendants – perhaps the bank robber, the auto thief, the petty drug dealer, there have to be limits. The willful murderer who has been previously arrested for multiple violent crimes is beyond those limits.

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Sheriff Buford T. Justice Top fan October 28, 2024 at 7:07 pm

I could not agree more with both of you ( Colonel and Catfish ) however having investigated numerous murders in my career there are problems with the death penalty. I have seen more brutal murders than this one get a life sentence. That all comes down to a lot of things but mainly the final opinion of those twelve jurors. We must remember it takes a unanimous decision by all twelve. Some are allowed to plead to a life sentence to avoid the expense of the trial process. Then if the subject is sentenced to death the appeals process drags it out for sometime. In this case over twenty years before it is carried out. Hell with all the shootings going on now in the Columbia area I dont think it is a deterrent to violent crime or murder. The prisons are all over crowded now and it is not going to get better in my opinion.

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Squishy123 (the original) October 28, 2024 at 6:55 pm

NEXT!!!

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River Top fan October 28, 2024 at 6:55 pm

Wow, this article is nothing but nonsense. Mr. Moore deserves his earthly punishment. Through faith in Jesus he can spend eternity in paradise.

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regular citizen October 30, 2024 at 12:38 pm

This has to be one of the stupidest opinions I have read as of late. Only a liberal lawyer could grasp so many straws. smh..

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