Owens's Sentence Commuted!

This was just released today, July 14, 2010: Governor Bredesen has commuted convicted killer Gaile Owens's death sentence to life in prison. http://www.tennessean.com/article/20100714/NEWS02/100714018/Governor-commutes-sentence-of-Gaile-Owens.

Owens's case has struck into the hearts of many because she was sentenced to die for hiring someone to murder her abusive husband. She was convicted in 1986 after a trial where she refused to testify about the abuse she suffered or have anyone from her family testify about the abuse. According to the article, Owens actually threw up from when describing to her attorneys the sexual acts she was forced to perform. The Governor commuted her sentence on the grounds that she had agreed to a plea bargain that was later rescinded and given the potential for abuse from her husband, defendants in similar cases received life-in-prison sentences. Legally, one of the areas for legal review of whether a death penalty sentence should be upheld on appeal is whether it fits with the sentence other defendants received in similar cases. See State v. Joel Richard Schmeiderer, No. M2007-01922-CCA-R3-DD, at *33 (Tenn. Crim. App., at Nashville, Apr. 4, 2009) ("When a defendant is sentenced to death for first degree murder, there is a mandatory review of the sentencing process, per Tennessee Code Annotated section 39-13-206(c)(1)(2009). It requires that the reviewing court determine whether: (1) The sentence of death was imposed in any arbitrary fashion; (2) The evidence supports the jury’s finding of statutory aggravating circumstance or circumstances; (3) The evidence supports the jury’s finding that the aggravating circumstance or circumstances outweigh any mitigating circumstances; and (4) The sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the nature of the crime and the defendant. T.C.A. § 39-13-206(c)(1)") In fact, the Court in Schmiederer defines its task of comparing and contrasting cases by saying it is to take a , "broader perspective than the jurors who sentenced the Defendant in order to determine whether his sentence “is disproportionate to the sentences imposed for similar crimes and similar defendants.” Id. at 35, citing State v. Thacker, 164 S.W.3d 208, 232 (Tenn. 2005) (quoting Bland, 958 S.W.2d at 664).

Given the intense political feelings about Gaile Owens, both in Tennessee and abroad, Governor Bredesen made a very wise political move to commute her sentence. More importantly, he made a fair and just move for humanity.