Gov. Nixon reduces Clay death sentence

ST. LOUIS -- Missouri's governor decided to spare a convicted murderer's life Monday, a little more than a day before the man was scheduled to die by injection for a 1994 killing.

Gov. Jay Nixon said in a statement that he was commuting the sentence for Richard Clay, 45, to life in prison without the possibility of parole.

Clay was convicted of killing Randy Martindale of New Madrid, Mo., in 1994. Nixon's statement did not explain why he decided to commute Clay's sentence and in fact said that after an exhaustive review that Nixon is "convinced of Richard Clay's involvement in the senseless murder of Randy Martindale and find that the evidence clearly supports the jury's verdict of murder in the first degree."

Nixon spokesman Scott Holste said the written statement "will be the extent of comment from the governor or his office."

Clay's attorney, Jennifer Herndon, said she and Clay are elated but will continue to seek a new trial. Clay has claimed he had no role in the killing.

"Obviously we're thrilled," Herndon said. "I've always believed he is innocent and will continue to fight. This is only the first step."

On Monday before Nixon's decision, Clay said he was not optimistic the governor would halt the execution because Nixon was attorney general at the time of his trial and one of Nixon's assistants, Kenny Hulshof, aided in the prosecution.

"Mr. Nixon said there were no mistakes at that time, that Mr. Hulshof did a fine job and I had a fair trial," Clay said. "I just don't really think he's going to say anything different now."

Riley Bock, the New Madrid County prosecutor who handled the case along with Hulshof, said he had no problem with Nixon's decision and he continues to be convinced of Clay's guilt.

"Commutation is always on the table," Bock said. "The governor, that's his job to do whatever he thinks is right. End of case."

A spokeswoman for Hulshof, now a private lawyer, said he was out of the state and not available for comment.

During Nixon's 16 years as attorney general, his office defended Missouri's death penalty in numerous appeals to the state Supreme Court. It also provided assistant attorneys general to aid local prosecutors pursuing the death sentence in murders.

After Nixon won election as governor in 2008, a coalition of death penalty critics called for a moratorium on executions so Missouri's death penalty system could be studied.

A Nixon spokesman said at the time that Nixon backed the use of the death penalty and that families of victims deserved closure and justice without lengthy delays in death sentences.