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Alabama death row inmate who didn't pull trigger spared execution

STEVE INSKEEP, HOST:

The governor of Alabama has commuted a death sentence, which doesn't happen very often. The case involves someone convicted for murder who did not pull the trigger. NPR's Debbie Elliott reports.

DEBBIE ELLIOTT, BYLINE: Sonny Burton, now 75, was scheduled to be executed Thursday for his role in a 1991 murder during a robbery at an auto parts store in which another man killed a customer.

CECILIA VACA: Sonny did not know about that. He wasn't present for that. You know, it was not part of the plan.

ELLIOTT: Cecilia Vaca directs the federal defender's office that handled Burton's appeals and clemency request. The shooter died in prison, serving life without parole, while Burton remained on death row. That's what Alabama Governor Kay Ivey cited in commuting Burton's sentence to life without parole. Her statement called it unjust. This is the second time Ivey has commuted a death sentence. She's presided over 25 executions and remains a proponent of the death penalty. The Republican faced significant pressure to spare Burton's life, including from some jurors and family members of the murder victim, Doug Battle. Former Governor Don Siegelman is among those who advocated mercy.

DON SIEGELMAN: I think God softened Kay Ivey's heart toward the end of this campaign, and thank God for that.

ELLIOTT: Siegelman, a Democrat, says he sought forgiveness for the prisoners executed under his watch in the early 2000s. He commends Ivey. Alabama Attorney General Steve Marshall blasted the commutation. Marshall, who is seeking the Republican nomination for U.S. Senate, used bold letters in a statement to declare, quote, "Sonny Burton has Douglas Battle's blood on his hands."

MATT SCHULZ: Well, that goes against the evidence presented by the state at trial. Sonny Burton never had one drop of blood on his body.

ELLIOTT: Burton's lawyer, Matt Schulz.

SCHULZ: Sonny Burton has apologized for his role in that offense, but Sonny Burton himself did not pull the trigger, nor did he even see the shooting take place.

ELLIOTT: Schulz says he was with Burton at the prison preparing for Thursday's execution when he got word of the governor's decision.

SCHULZ: And it was a blessing because I was able to be the one to deliver the news to Sonny, you are no longer under a sentence of death.

ELLIOTT: His client responded with a joyful hug. Schulz says the outcome shows the system can work.

Debbie Elliott, NPR News.

(SOUNDBITE OF MUSIC) Transcript provided by NPR, Copyright NPR.

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NPR National Correspondent Debbie Elliott can be heard telling stories from her native South. She covers the latest news and politics, and is attuned to the region's rich culture and history.
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