This evidence must establish a significant probability that the prisoner is actually innocent of the crime for which the death penalty was imposed. If these prerequisites are not met, the court may reject the bill of review. HB 2298 prohibits the court from considering evidence unless it is presented 60 days or more before execution. In fact, HB 2298 would eliminate last minute filings and would allow for the timely consideration of evidence. The final argument against HB2298 is that executive clemency is sufficient to prevent the execution of someone who is innocent.
Executive clemency is an absolutely discretionary act.
This is an administrative, not a judicial process. There is no requirement, and there can be no expectation that the granting or denial of clemency, or the process provided, be uniform or consistent. The Commonwealth does not provide an attorney or any other assistance regarding clemency. No Governor in recent history has provided for a hearing at which evidence could be presented and its credibility judged. Please examine the attached editorials from The Virginian Pilot and The Richmond Times Dispatch.