South Carolina death row inmate who requested firing squad execution scheduled for 1 November

By Fatou Ferraro Mboup

Published Oct 27, 2024 at 09:00 AM

Reading time: 4 minutes

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Richard Bernard Moore, 59 years old, is set to be executed on 1 November 2024, in South Carolina for a 1999 robbery that tragically turned fatal. While the crime involved the death of a convenience store clerk, the circumstances of Moore’s trial raise deep concerns about racial bias and the fairness of the justice system. His case sheds light on troubling patterns in capital punishment, particularly in a state that has recently reinstated the firing squad as a method of execution.

What crime did Richard Moore commit?

On 16 September 1999, Richard Moore entered Nikki’s, a convenience store in Spartanburg, South Carolina to rob it. Although Moore was unarmed, he was confronted by the clerk, James Mahoney, who was carrying a gun. The encounter quickly escalated into a struggle, during which both men were shot, with Mahoney succumbing to a fatal wound. Despite being injured, Moore fled the scene with $1,408 but was later arrested. When apprehended, he did not resist arrest and admitted to the crime, repeatedly saying: “I did it, I give up.”

What happened during Richard Moore’s trial?

During his trial in 2001, Richard Moore was convicted of murder, armed robbery, and other related charges. While he chose not to testify during the trial, later, in 2011, Moore stated that Mahoney had pulled the gun on him, and both had struggled over the weapon. Moore then claimed that he fired “blindly” in self-defence and his account was later supported by a forensic expert retained by his defence team. It was concluded in 2017 that the evidence indicated Mahoney had initiated the gunfire, which also contradicted a previous testimony by a witness who claimed that Moore had a gun before the altercation began.

Yet, despite all of these complexities surrounding the case, including Moore’s claim of self-defence, he was sentenced to death.

Was Richard Moore’s trial fair?

One of the most concerning aspects of Richard Moore’s trial was the exclusion of Black jurors. The only two prospective Black jurors were dismissed, resulting in an all-white jury convicting a Black man for the murder of a white victim. This absence of racial diversity in the jury is deeply troubling, particularly given the racial tensions historically associated with the death penalty in South Carolina.

Justice Kaye Hearn of the South Carolina Supreme Court addressed these concerns in her 2022 dissent (an opinion by a judge reflecting disagreement with the majority), noting that Moore’s case “highlights many of the pitfalls endemic to the death penalty, beginning with the role race plays.” The judge underscored the potential for racial bias in the justice system and raised serious doubts about whether Moore received a fair trial.

In addition to the racial concerns, the political environment at the time of Moore’s trial also raised red flags. The 7th Circuit Solicitor, who oversaw the case, was involved in a re-election campaign and had a history of aggressively pursuing the death penalty, especially in cases involving white victims. Between 1985 and 2001, the solicitor’s office sought the death penalty in 21 cases, 20 of which involved white victims. This pattern suggests that race may have played a role in the decision to seek the death penalty in Moore’s case.

What is a firing squad?

The firing squad is an execution method which involves the condemned individual being typically seated, strapped to a chair, and hooded, with a target placed over their heart. A team of shooters—usually three to five law enforcement officers—then fires rifles simultaneously at the condemned. One rifle is traditionally loaded with a blank round, so the shooters do not know who fired the fatal shot. Despite the coordination, this method is brutal, involving extreme violence as bullets tear through the body, causing massive blood loss and a slow death in some cases.

In May 2021, South Carolina lawmakers passed legislation reintroducing the firing squad as a method of execution, alongside the electric chair, in response to a shortage of lethal injection drugs. As you can imagine, the reintroduction of the firing squad specifically left many astonished, given its barbaric and primitive nature.

Moore’s case has now become intertwined with this controversial legislative change. In 2022, as his execution date neared and it was made clear that lethal injection was not available, Moore was given the choice between the firing squad and the electric chair. At the time, the defendant opted for the firing squad. However, now that lethal injection has been made available again, Moore has revised his choice. And on Friday 18 October, Moore decided to seek the lethal injection for his November 2024 execution. The looming execution would be only the second in South Carolina since the 13-year pause began due to the drug shortage.

Moore’s attorneys continue to challenge the execution, appealing to the U.S. Supreme Court to halt it. They argue that Moore’s actions during the robbery, for example entering the store unarmed and being involved in a shootout he did not initiate, do not meet the standards of premeditated murder necessary to justify the death penalty. Furthermore, the method of execution itself has become a focal point of their appeal, highlighting the brutal options now available in South Carolina.

Lyndall Moore, son of Richard Moore, noted that his father is now the last prisoner on South Carolina’s death row who was convicted by a jury with no Black members, stating: “He’s a human being who made mistakes,” Moore said. “This particular mistake resulted in the death of another person, but his sentence is completely disproportionate to the actual crime.”

While Moore’s case has drawn concern from organisations like Amnesty International, it has not captured the public’s attention in the same way other high-profile cases have. One striking comparison is the Menendez brothers, whose 1996 conviction for murdering their parents has garnered renewed attention through true crime Netflix documentaries and social media platforms like TikTok. High-profile celebrities such as Kim Kardashian have lent their voices to the cause, questioning the fairness of the brothers’ original trial and even visiting the prison where the brothers are being held.

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In contrast, Moore’s case has failed to gain similar traction. The disparity in media attention is striking, particularly given that Moore’s case raises questions about racial bias, judicial fairness, and the ethics of capital punishment.

Human rights organisations have taken up Moore’s case, arguing that the systemic flaws present in his trial reflect broader injustices within the US legal system. However, despite these nationwide calls for clemency, Governor McMaster has indicated in the past that he has no intention of intervening in the case. No South Carolina governor has granted clemency in a death penalty case in the modern era.

As Moore’s execution date on November 1 approaches, we’re left with a crucial question: is justice really blind? With less than a week and a half to intervene, now is the time to take action. If you believe in the fight for fair treatment and want to help stop this execution, click here to sign the petition and make your voice heard. Every signature matters.

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