to consider clemency<\/a> for him. Multiple jurors from Burton\u2019s 1992 trial are among those urging his life be spared. Battle’s daughter sent a letter to Ivey urging clemency, asking “how does it legally make sense” to execute Burton. The Associated Press was unable to reach other members of Battle’s family. <\/p>\n\u201cEven people who are strongly in favor of the death penalty recognize that this situation is wrong,\u201d said Matt Schulz, an assistant federal defender who represents Burton. \u201cEven by the state\u2019s evidence here, Mr. Burton did not kill anyone. Mr. Burton did not order anyone killed. He wasn\u2019t even in the building.”<\/p>\n
Ivey spokesperson Gina Maiola said Friday that the governor reviews each execution case and, \u201cat this time, as previously noted, Governor Ivey has no plans to grant clemency.\u201d<\/p>\n
\u201cA jury convicted Mr. Burton of capital murder and unanimously recommended a sentence of death. Over the past 33 years, his conviction and sentence has been reviewed at least nine times, and no court has found any reason to overturn the jury\u2019s decision,\u201d Maiola wrote in an email. <\/p>\n
Alabama Attorney General Steve Marshall\u2019s office has opposed the clemency request.<\/p>\n
The U.S. Supreme Court has allowed the execution of non-triggermen under certain circumstances, including participating in a felony where someone was killed. <\/p>\n
Robin M. Maher, executive director of the Death Penalty Information Center, said the group has documented at least 22 cases where the person executed participated in a felony during which a victim died at the hands of another participant.<\/p>\n
She said she believes most people would agree the death penalty should be used only for people who actually kill someone.<\/p>\n
The shooting occurred Aug. 16, 1991, during a robbery at an auto parts store in Talladega. <\/p>\n
Court testimony indicated that after Burton and other robbers had left the store, DeBruce shot Battle. Battle had entered the store as the robbery was winding down and exchanged words with DeBruce.<\/p>\n
Burton said he never heard the gunshot and didn’t know about it until later. <\/p>\n
\u201cDeBruce told me one man got shot, that he shot him in the rump. I said, ‘Man you didn\u2019t tell me you done shot someone.\u2019 I was angry. I was really angry. I was angry,\u201d Burton recalled.<\/p>\n
He later learned that the man died.<\/p>\n
Prosecutors at trial portrayed Burton as the ringleader of the robbery and culpable for Battle\u2019s death. He disputes that assessment.<\/p>\n
Burton said he wants to apologize to Battle’s family. <\/p>\n
\u201cI\u2019m so sorry. If I had the power to bring him back, I would. I\u2019m so sorry,\u201d Burton said.<\/p>\n
He said he is grateful that one of Battle\u2019s children has offered him forgiveness. <\/p>\n
He also said he is hopeful that the governor will change her mind.<\/p>\n
\u201cI hope and pray to God that you will grant me clemency. Allow me to reach out to the young people in the street,\u201d Burton said. <\/p>\n
Burton\u2019s daughter, Lois Harris, last month held signs outside the governor\u2019s mansion reading, \u201cSave My Daddy” and \u201cClemency for Sonny.\u201d <\/p>\n
\u201cIt\u2019s not fair that he gets the death penalty and the killer gets life. It is just so wrong,\u201d Harris said.<\/p>\n<\/div>\n
\n
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