Gov. Gregoire�s statement on Cal Brown petition

For Immediate Release: September 8, 2010

OLYMPIA � Gov. Chris Gregoire today issued the following statement on Cal Brown�s petition to commute his death sentence to life in prison without the possibility of parole:

�As governor, I have a constitutional duty to faithfully execute the laws of the state of Washington. I also have the solemn power to commute a death sentence to life imprisonment. The people of the State have entrusted the governor with this clemency power to use in extraordinary circumstances that call for leniency. The people did not intend the governor to use this power to substitute personal views for the laws of the State.

�Cal Brown has petitioned for commutation of his death sentence to life imprisonment. I have carefully reviewed the facts of Cal Brown�s crimes, the documents and testimony presented to the Clemency and Pardons Board, documents submitted to my office, and the judicial record.

�After this careful review, and after contemplating the grave importance of this matter, I have determined I will not intervene. I find no basis to change the death sentence that was imposed by the jury in accordance with the laws of our state.

�I know of no extenuating circumstances and no flaws in the judicial process that justify changing the jury�s decisions or the sentence of the court. In particular, Cal Brown has asked me to consider his diagnosis of a mental disorder. But the jury heard this evidence and considered whether he knew right from wrong and was in control of his conduct at the time of the murder of Holly Washa. State law provides the jury may consider any relevant factors, specifically including impairment due to a mental disorder, in deciding whether leniency is merited.

�The post-conviction review by the courts has been thorough. Since Cal Brown�s conviction, the U. S. Supreme Court, the Ninth Circuit Court of Appeals and the Washington State Supreme Court have reviewed his case and have found no basis to reverse his conviction or to change the death sentence imposed by the jury.

�The torture, rape and murder of Holly Washa were horrible acts of brutality. My sympathies and prayers are with Holly Washa�s family, who has suffered immeasurably from Cal Brown�s actions. No one can do anything to take away or lessen their pain. As a mother, my heart goes out to them for their tragic loss. I pray for Holly Washa. I will also pray for Cal Brown.�

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Background Information:

In 1993 a jury in King County Superior Court convicted Cal Coburn Brown of premeditated murder with aggravating circumstances for the death of 21-year-old Holly Washa. Cal Brown admitted that he kidnapped Holly Washa, brutally raped and tortured her for two days, and then murdered her by slitting her throat. He told detectives he killed Holly Washa because he did not want to leave any witness alive.

In a special sentencing proceeding, Cal Brown�s attorneys presented evidence of mitigating circumstances, and the jury was asked whether it was �convinced beyond a reasonable doubt that there are not sufficient mitigating circumstances to merit leniency.� The jury unanimously concluded, beyond a reasonable doubt, that there were not sufficient mitigating circumstances to merit leniency.

The laws of the state of Washington provide that if the jury finds that there are not sufficient mitigating circumstances to merit leniency, the sentence shall be death. Accordingly, on January 28, 1994, the trial court imposed upon Cal Brown a sentence of death.

On March 11, 2009, Cal Brown submitted a petition requesting that the Governor commute his death sentence to imprisonment for life without the possibility of parole. A hearing was held before the Clemency and Pardons Board on March 12, 2009. At the conclusion of the hearing, the Clemency and Pardons Board voted 2-2 on a motion to recommend that the Governor deny Mr. Brown�s petition. The two members voting against the motion expressed general views that the death penalty is problematic as applied or should be abolished. A few hours later the Washington Supreme Court entered an order staying the execution.

After the stay was lifted and the execution scheduled, Governor Gregoire reviewed the petition and the materials submitted to the Board, the Verbatim Report of Proceedings of the Board�s March 12, 2009, hearing, a supplemental letter sent to the Governor by Cal Brown�s attorneys on September 1, 2010, and judicial records.