Amendment 3 requires notice before commutation of death sentences

Amendment 3 requires notice before commutation of death sentences

Almost 24 years have passed since Gov. Fob James shocked the state by commuting the death sentence of Judith Ann Neelley in the final days of his term as governor.

Alabama voters will see a reminder of James’ decision on the ballot next Tuesday, a proposal intended to prevent a similar surprise.

Statewide Amendment 3 says governors must notify the victim’s family and the attorney general before commuting or granting a reprieve in a death sentence. Amendment 3 is one of 10 statewide amendments on the ballot.

James commuted Neelley’s sentence to life in prison on Jan. 15, 1999, three days before his term ended. James gave no public statement or explanation for the decision at the time. Neelley remains in the Alabama prison system.

James’ decision was stunning, in part, because of the nature of Neelley’s crimes. In 1982, Neelley and her husband, Alvin Neelley, abducted Lisa Ann Millican, 13, from a Rome, Ga., shopping mall and brutalized her over several days. Judith Ann Neelley handcuffed Millican to a tree at Little River Canyon in DeKalb County, injected her with drain cleaner, shot her, and threw her body into the canyon.

Sen. Steve Livingston, a Republican from Scottsboro, said he sponsored the bill proposing Amendment 3 at the request of Millican’s family, who received no notification about Neeley’s commutation. Livingston said he worked with the governor’s office to develop the proposal. No senators or representatives voted against Livingston’s bill.

James’ commutation made Neelley eligible for parole, although James later said his intention was that she not be eligible. Millican’s family came to Montgomery for Neelley’s parole hearing in 2018 to oppose her parole, which was denied.

James said in a newspaper interview in 2002 that he commuted Neelley’s sentence mainly because the DeKalb County jury that heard all the evidence recommended a sentence of life without parole. The judge imposed the death sentence instead. The Alabama Legislature changed the law in 2017 to say that juries, not judges, have the final say on whether to impose the death penalty.

Related: Why did Fob James commute Judith Ann Neelley’s death sentence in 1999?

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