Executed October 18, 2001

The Honorable James S. Gilmore, III
Office of the Governor
State Capitol, 3rd Floor
Richmond, VA 23219

Re: Chris Beck

Dear Governor Gilmore:

On behalf of the American Civil Liberties Union, we urge you to stay the execution of Chris Beck, currently scheduled for October 18th, and to commute his death sentence to life imprisonment without parole. Such relief is merited by the egregious circumstances of Mr. Beck's case: he was sentenced to death because of alleged "aggravating circumstances" (a robbery and a rape) to which he "confessed" at the unorthodox insistence of his own trial counsel, notwithstanding the lack of independent evidence that he committed those ancillary crimes, and notwithstanding his unstable mental condition at the time of the "confession." Moreover, the unrelenting violence and abuse that characterized Mr. Beck's upbringing, which were not adequately developed for the sentencing court, argue strongly for mercy and a commutation to life without parole and not a death sentence.

The robbery and rape to which Mr. Beck confessed constituted the "aggravating circumstances" that permitted the trial court to sentence him to death. Yet the independent evidence that he committed either crime was virtually non-existent; his confession was fundamentally flawed because his diagnosed brain dysfunction and the medication he took for that illness confounded his mental faculties.

The prosecution charged, and Mr. Beck admitted, that he took certain property from his victim's house after the victim had died. But there was no evidence whatever that force was used to affect the taking. Under Virginia law, therefore, Mr. Beck's taking of property constituted, at most, larceny, which is not a predicate offense that warrants the death penalty.

The prosecution similarly introduced virtually no evidence that Mr. Beck was guilty of rape. Indeed, the only conclusion the Commonwealth's experts could make from the available evidence, including DNA evidence, was that Mr. Beck could not be conclusively excluded as a contributor. Mr. Beck has repeatedly asked for more specific DNA testing to demonstrate that he did not rape Ms. Marks. We would ask in the interest of justice that his request be granted.

In any event, Mr. Beck's guilty pleas were invalid under applicable Supreme Court jurisprudence. In order for a plea to be effective it must be knowing, voluntary and intelligent. When Mr. Beck pled guilty, however, he was under the influence of the prescription drug Tegretol. Tegretol is a drug prescribed for serious brain dysfunction; it is not a general sedative. Mr. Beck's brain dysfunction was diagnosed as resulting from a history of head injuries causing a loss of consciousness as well as a history of severe, unrelenting sexual, physical, and emotional abuse and stark neglect throughout his young life. The effects of Tegretol include drowsiness, sedation, and confusion. As a result, Mr. Beck was unable to understand the gravity and consequences of his pleas or have any meaningful communications with his attorneys. U.S. Supreme Court precedent, moreover, required the trial court to inquire whether his medication in any way affected Mr. Beck's ability to make a knowing, intelligent and voluntary waiver of his rights. Yet no such inquiry was ever made.

Under the United States and Virginia Constitutions, Mr. Beck had the right to be represented by counsel, who would perform his duties at an objective standard of reasonableness. In this case, Mr. Beck's counsel performed far below the objective reasonable standard, making tactical and strategic errors at every critical point in Mr. Beck's case. Most fundamentally, counsel made the unjustified and inexplicable decision that, under the circumstances describes above, Mr. Beck should nevertheless plead guilty to robbery and rape. Mr. Beck was counseled to plead guilty, moreover, without any promises or consideration of leniency in return. In so doing, lost the opportunity to submit to the Court and develop significant mitigating information about his background and the circumstances of the offense.

Further, Mr. Beck's attorneys never even arranged for a psychiatrist to evaluate the effects of his mental disability, or of the medication he was on, instead relying on testimony by a non-physician. From the trial phase to the sentencing phase, in short, Mr. Beck's attorneys never properly put his mental health in issue.

Finally, as the clemency documents that you have received amply demonstrate, Mr. Beck's ability to function and to avoid the tragic events that resulted in his death sentence was greatly diminished by a childhood history of terrible physical, sexual and psychological abuse. While this history in no way excuses the crime committed it does argue for the exercise of mercy in meting out his punishment.

The ACLU opposes capital punishment in all cases as a barbarous anachronism and in violation of the Constitution. Chris Beck's case particularly merits clemency. Because of Mr. Beck's history of abuse, mental condition, his inability to understand the proceedings, and the ineffective assistance of counsel at the trial and sentencing stages, we ask that you exercise compassion and stay the execution of Mr. Beck, and commute his death sentence to life imprisonment without parole. Given the irrevocable consequences of a death sentence, we submit that the Commonwealth of Virginia should require a much higher standard of proof than was afforded Mr. Beck.

Sincerely,

Diann Rust-Tierney
ACLU Capital Punishment Project

Kent Willis
ACLU of Virginia

Bart T. East*
Pro Bono Counsel
Squire, Sanders & Dempsey LLP

*Admittance in the District of Columbia Bar pending