Governor Bob Holden
Missouri Capitol Building, Room 216
P.O. Box 720
Jefferson City, MO 65102-0720

Re: Antonio Richardson 

Dear Governor Holden: 

We write on behalf of the American Civil Liberties Union to ask that you grant clemency to Antonio Richardson. Antonio Richardson was sentenced to death as an accessory for the first-degree murder of Julie Kerry, and for the second-degree murder of Robin Kerry. 

We firmly believe that clemency is warranted in this case. Even a cursory review of the facts demonstrates that Antonio Richardson is not among the most culpable of offenders for which the death penalty should be reserved. 

One important consideration is Richardson's mental retardation. According to a neuropsychological evaluation conducted by Dr. Eric Engum shortly after Richardson's arrest, Richardson exhibited "severe to profound impairments" in his speech and language skills as well as "severe impairments in attention and concentration, memory, learning, [and] higher level problem solving." Dr. Engum's evaluation confirms longstanding documentation of developmental disabilities including mental retardation and a history of severe neglect. 

Ironically, there is growing sentiment against executing people with mental retardation like Antonio Richardson. Currently, twelve states and the federal government have passed legislation forbidding the execution of people with mental retardation. And as you know, the Missouri legislature is currently considering its own ban on executing people with mental retardation. Antonio Richardson should not be executed as the legality and morality of executing people with mental retardation is shifting so dramatically. 

Another important consideration is Antonio Richardson's age at the time of the crime. He was only 16 years old. If he is executed, he will be the youngest person put to death in Missouri's history. As is true of mental retardation, there is growing sentiment against executing offenders who were under the age of 18 at the time of their crimes. In the United States, twenty-seven states and the federal government currently prohibit the execution of juvenile offenders. Several other states have either introduced legislation to abolish the death penalty for juvenile offenders or are considering such legislation. 

Finally, while there are conflicting accounts, the most reliable testimony indicates that Antonio Richardson did not initiate the crime or play a major role in the deaths of the victims. Moreover, he has always demonstrated a great deal of remorse for the events that took place on that tragic day. Given all of these facts, it is not surprising that the jury was unable to agree on the existence of aggravating factors that would have justified a sentence of death in Richardson's case. Yet, according to a juror's sworn statement, Richardson received a death sentence because of a mistake in reporting the juries' decision. Had the results of the jury's deliberations been reported properly, Richardson would have been sentenced to life imprisonment and not death. 

Whatever moral authority Missouri has to impose and carryout death sentences rests on the promise that it is applied fairly and to the right individuals. In the case of Antonio Richardson, we can say that neither is true. We urge you to use the powers that are vested in you to render justice. Please grant clemency to Antonio Richardson. 

Sincerely, 

Diann Rust-Tierney
ACLU Capital Punishment Project

Matt LeMieux
ACLU of Eastern Missouri