Response in Opposition to the Commonwealth's Motion to Vacate

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execution," Sept. 27, 2012.Public Concern: Public interest organizations dedicated to providing support for sex abusevictims and victims generally have beenjoined by hundreds of thousands of voices opposed to Mr.Williams' execution. These include: over 375,000 signatories to a petition calling on GovernorCorbett, The Board of Pardons and District Attorney Seth Williams to grant clemency;!! ThePennsylvania Coalition Against Rape; Murder Victims' Families for Human Rights; Berks Womenin Crisis; HAVIN; Survivors, Inc.; National Alliance to End Sexual Violence; National Associationof Social Workers, Pennsylvania Chapter; Pennsylvania Coalition Against Domestic Violence;National Center on Domestic and Sexual Violence; National Clearinghouse for the Defense ofBattered Women; Charles J. Chaput, O.F.M. Cap., Archbishop of Philadelphia; Catholic Bishopsof Pennsylvania; Sisters of Divine Providence in Pittsburgh; Council on American-Islamic Relations;The Enough Project; Arkansas Coalition Against Sexual Assault; California Coalition AgainstSexual Assault; Colorado Coalition Against Sexual Assault; Sexual Assault Network of Delaware;Iowa Coalition Against Sexual Assault; Maryland Coalition Against Sexual Assault; MichiganCoalition to End Domestic and Sexual Violence; New York State Coalition Against Sexual Assault;Ohio Alliance to End Sexual Violence; Day One, the Rhode Island Coalition Against Sexual Assault;Tennessee Coalition to End Domestic and Sexual Violence; Texas Association Against SexualAssault; Vermont Network Against Domestic and Sexual Violence; West Virginia Foundation forRape Information and Services; ALAS, the National Latina Alliance Against Sexual Violence;National Alliance to End Sexual Violence; Arte Sana; Crime Victim Center of Erie County; HA VIN;!!http://www.change.org!petitions/governor-tom-corbett-pa-board-of-pardons-district-attorney-seth-williams-grant-clemency-to-terrance-williams-survivor-of-child-sexual-abuse40
Sexual Assault Resource and Counseling Center; Wise Options; The European Union; The Councilof Europe.The Pennsylvania Board o/Pardons: On September 17, 2012, a three member majority ofthe Pennsylvania Board of Pardons voted to grant clemency to Mr. Williams. Notably, the membersof the Board who voted in favor of clemency were the three who are most familiar with victims ofsexual abuse and victims generally - Attorney General Linda Kelly, the Victim's Representative, andthe Board's mental health expert. However, under current Pennsylvania law a unanimous Boardrecommendation for clemency is necessary to reach the Governor's desk.On September 18, 2012, a request for reconsideration of Mr. Williams' application forclemency was filed with the Board of Pardons on the basis of material misrepresentations by theDistrict Attorney's Office at the clemency hearing. On September 27, 2012, the Board reconvenedand by a vote of 4-1, agreed to reconsider Mr. Williams' application for clemency. That same day,after hearing Mr. Williams' argument and presentation of newly disclosed evidence, as well as theprosecution's response, the Board of Pardons unanimously voted to hold Mr. Williams' applicationfor clemency under advisement.Thus, the two members of the Board who previously had voted against clemency agreed thatMr. Williams had presented new evidence that was significant enough to warrant reconsiderationand further deliberation. Under these circumstances, surely the public interest counsels that the stayof execution not be lifted.RECUSAL OF CHIEF JUSTICE CASTILLERespondent respectfully submits that Chief Justice Castille should recuse himself and, ifChief Justice Castille declines to do so, Respondent respectfully requests that the full Court review41
Page 1: IN THE SUPREME COURT OF PENNSYLVANI
Page 4 and 5: testimony, the parties' written sub
Page 6 and 7: alia, the original trial and capita
Page 8 and 9: inappropriate in any case, but it i
Page 10 and 11: that Mr. Draper told the prosecutin
Page 12 and 13: The Commonwealth, citing Commonweal
Page 14 and 15: 1. Government interference.Mr. Will
Page 16 and 17: knowledge ofMr. Draper's statements
Page 18 and 19: of assault with intent to murder, a
Page 20: As a prosecution witness ... , [Dra
Page 23 and 24: Judge Sarmina appropriately found t
Page 25 and 26: Norwood files Ms. Foulkes stated, "
Page 27 and 28: A. Yes.Q. How Mr. Norwood was kille
Page 29 and 30: There was additional undisclosed ev
Page 31 and 32: connect all of the dots." NT 9/2811
Page 33 and 34: e afforded relief as to the penalty
Page 35 and 36: himself would necessarily know that
Page 37 and 38: One, that all the requirements of t
Page 39: their findings and recommendations.
Page 43 and 44: CONCLUSIONThe Commonwealth's motion
Page 45 and 46: ATTACHMENT A
Page 47 and 48: ATTACHMENT B
Page 49 and 50: 3. Chief Justice Castille was the D
Page 51 and 52: INQUIRER (Oct. 21, 1993) (available
Page 53 and 54: allegation"); Beasley. 937 A.2d at
Page 55 and 56: was the District Attorney responsib
Page 57 and 58: Ripe for Disqualification. 52 Ariz.
Page 59 and 60: 1130,1134 (6th Cir.1969) (applying
Page 61 and 62: objective standards that govern rec
Page 63: Court's adoption of the following "

Response in Opposition to the Commonwealth's Motion to Vacate

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